The policy requires many asylum seekers to stay in Mexico while they await hearings on their requests for safe haven in the U.S.
The Biden administration is taking another shot at ending the contentious Trump-era “Remain in Mexico” policy after a federal judge ruled in August that the president’s move to end the program violated the law.
The Department of Homeland Security said on Wednesday evening that it planned to issue a new memorandum in the coming weeks terminating the policy, which requires many asylum seekers to stay in Mexico while they await hearings on their requests for safe haven in the U.S. The move comes after a U.S. District Court in Texas said the administration’s June 2021 memorandum ending Migrant Protection Protocols was against the law.
The Supreme Court struck another blow to the Biden administration in August when it rejected the Justice Department’s request for a stay that would have put the policy on hold while litigation over Biden’s efforts to rescind was resolved in the courts — a victory for states like Texas and Missouri, which sued over the administration’s repeal of the policy.
Homeland Security said on Wednesday that it had worked to restart MPP to comply with the court’s order and that its new memorandum aimed to “address the concerns raised by the courts with respect to the prior memorandum.”
“In the meantime, while the court injunction remains in effect, the Department has been working in good faith to re-start MPP in compliance with the order, and it will continue to do so,” DHS said in a statement. “To that end, the Department, working with the Department of State, is engaged in ongoing and high-level diplomatic discussions with Mexico.”
By Myah Ward for POLITICO
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