US Supreme Court reinstates Trump-era ‘Remain in Mexico’ policy

Aug 25, 2021: The US Supreme Court has rejected President Joe Biden’s bid to repeal an immigration policy imposed by his predecessor, forcing thousands of refugees to wait in Mexico for asylum in the United States.

With three Liberal judges disagreeing, the US supreme court on Tuesday rejected the Biden administration’s attempt to overturn a Texas-based judge’s decision to reinstate former President Donald Trump’s “stay in Mexico” policy formally known as the Migrant Protection Protocol (MPP) program.

The US Supreme Court’s 6-3 conservative majority includes three judges appointed by Trump.

The judges’ brief ruling means that the decision of US District Judge Matthew Kacsmaryk is now in effect. The Texas judge was appointed by Trump.

The US Department of Homeland Security said in a statement that it regrets the Supreme Court’s decision and will continue to “strongly challenge” the district court’s decision.

As appeals continue, he said the agency would comply with the “goodwill” order and has begun talks with Mexico.

The US supreme court ruling cited its 2020 ruling that thwarted Trump’s bid to end a program introduced by former Democratic President Barack Obama that saves millions of immigrants from deportation often called “dreamers” who entered the United States illegally as children.

Biden, who has sought to reverse Trump’s tough immigration policies along Mexico US border, since taking office in January, has called off the MPP program.

Republican-led Texas and Missouri challenged the Democratic president’s move. Biden’s administration appealed to the Supreme Court when Kacsmaryk ruled that Trump’s policy had to be reinstated, and on August 19, the 5th US Circuit Court of Appeals in New Orleans rejected the government’s request for a delay.

The 5th Circuit decision said the Biden administration should implement the MPP program in “good faith”, leaving the government some discretion to move forward.

Democrats and immigration advocates criticized the MPP, saying the policy targeted immigrants, mainly from Central America, to dangerous situations in Mexican border towns.

The Trump administration has refused to allow immigrants to seek refuge in their countries for fear of persecution, citing a “security and humanitarian crisis” on the US-Mexico border.

Reacting to the US Supreme Court’s order, the American Civil Liberties Union called on the administration to provide a full argument for ending Stay in Mexico that could withstand the judicial scrutiny.

Arrests of immigrants crossing the US. southern border have reached a 20-year high in recent months, a development that has been blamed on Republican Biden’s change of MPP and Trump’s other immigration policies.

The Biden administration has issued a separate Trump-era order authorizing US. border officials to allow immigrants stranded at the border due to the COVID-19 public health crisis to seek refuge in the United States without delay.

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