Supreme Court allows ‘Remain in Mexico’ policy to come to an end

The United States Supreme Court ruled Thursday that President Joe Biden would be allowed to end the Trump administration era  “Remain in Mexico” immigration policy that required those seeking asylum to stay south of the border in Mexico while their claims were heart. 

According to a report by The Washington Examiner, the 5-4 ruling was authored by Chief Justice John Roberts and handed the case back to lower courts after ruling that the court acted appropriately in the decision to allow the administration to end the policy known as the Migrant Protection Protocols, enacted in 2019.

Roberts was joined by Justice Brett Kavanaugh and the court’s three liberal justices.

The case, Biden v. Texas, served as the administration’s protest against the rule requiring asylum seekers at the southern border to remain in Mexico while their cases were being processed or decisions were being made.

Alejandro Mayorkas, the secretary of homeland security, released a memo ordering the end of the policy in June 2021 after Biden took office in the White House in January 2021. This prompted legal challenges by the attorneys general of Texas and Missouri.

Whether the immigration program is mandatory and cannot be terminated, as the Justice Department argued for the administration, or whether it must be maintained in order to comply with what states claimed was a congressional directive not to release migrants through U.S. borders is at the heart of the legal dispute.

Texas Attorney General Ken Paxton released a statement about the ruling, saying that he was disappointed with the high court’s decision to reverse lower-court wins against the Biden Administration on the Migrant Protection Protocols (MPP).

“Today’s decision by the U.S. Supreme Court is an unfortunate one, and I believe it was wrongly decided. Over a year ago, Texas and Missouri sued the Biden Administration for illegally abandoning MPP,” Paxton said.

“I won in district court and then won again on appeal. The Administration dragged its feet and refused to implement this effective program in good faith, allowing hundreds of thousands of illegals to pour over the border month after month. Today’s decision makes the border crisis worse. But it’s not the end. I’ll keep pressing forward and focus on securing the border and keeping our communities safe in the dozen other immigration suits I’m litigating in court.”