WASHINGTON, D.C. (Nexstar) – The United States Supreme Court will consider whether the Biden administration can end former President Donald Trump’s signature “remain in Mexico” immigration policy on Tuesday morning.
The Trump administration program, formally known as the Migrant Protection Protocols, requires people seeking asylum at the southern border to wait in Mexico while their claims are pending.
In Biden v. Texas, justices will weigh whether the Biden administration has merits in ending the policy and is in compliance with a federal law.
President Joe Biden paused “remain in Mexico” on his first day in office. A judge forced the president to reinstate it in December.
From late Jan. 2019 until Biden halted the program, nearly 70,000 people were shuttled back to Mexico. Cities of tents could be seen near ports of entry on the Mexico side of the border, sparking outrage from civil rights groups who say the policy led to dangerous conditions for asylum-seekers waiting to enter the U.S.
At the time, President Biden noted these conditions and the complications the policy created with Mexico relations, as well as the difficulty immigrants faced in getting legal help from the U.S.
The Biden administration’s attempts to stop the program were blocked after a lawsuit by the attorneys general of Texas and Missouri, reinstating the program. Lower courts found the president lacked legal basis for ending the policy, prompting the administration’s appeal to the Supreme Court.
Without enough detention facilities, Texas argues the administration’s only option is to make migrants wait in Mexico for asylum hearings in the U.S.
It comes as another signature Trump-era policy is set to end next month. On May 23, the Biden administration will lift Title 42, a pandemic-related public health policy that expeled migrants back to their home country, even aslyum-seekers.
‘Prepare now or be overwhelmed’ when Title 42 ends, Texas governor say
The decision to lift Title 42 is being challenged by nearly two dozen states, including Texas. Attorney General Ken Paxton announced a lawsuit last Friday.
By Monica Madden
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