Supreme Court Orders Biden Admin to Reinstate ‘Remain in Mexico’ Policy

The Supreme Court on Aug. 24 ordered the Biden administration to reinstate the Trump-era “Remain in Mexico” policy, which requires people seeking asylum to wait in Mexico until their case is heard. The court wrote in an unsigned order (pdf) that the Biden administration failed to show it had not acted in an “arbitrary and capricious” manner when it rescinded the policy, officially called the Migrant Protection Protocols (MPP) program, that started in 2019 under former President Donald Trump’s administration. The court cited its opinion from 2020 that rejected the Trump administration’s effort to end a separate immigration program, the Deferred Action for Childhood Arrivals (DACA). The court in that decision ruled that ending DACA would be “arbitrary and capricious” and in violation of federal law. President Joe Biden in January suspended the MPP program, and the Department of Homeland Security (DHS) in June officially terminated the policy, telling employees in a memo it would no longer be …Read More

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