Biden can end Trump-era “Remain in Mexico” policy, according to the Supreme Court

Biden can end Trump-era “Remain in Mexico” policy, according to the Supreme Court

If you need help with your immigration status, call us today at (619) 746-8879

A few weeks ago, the Supreme Court gave President Joe Biden the green light to end the Remain in Mexico immigration policy that originated under the Trump administration.

Since Biden began his administration, he has been trying to end this program but has been ordered to reinstate it several times. However, according to CNN, the ruling was 5-4 and states that “immigration law gives the federal government the discretion to end the program, formally known as Migrant Protection Protocols. The case will go back down to lower courts for additional proceedings around his latest attempt to end the program.”

Currently, the bid to end the program is still on hold, and Remain in Mexico remains in place, but it could be lifted soon.

What is Remain in Mexico?

Formerly known as Migrant Protection Protocols, Remain in Mexico required asylum-seekers trying to enter the US from the southern border to wait in Mexico for their court hearings. 

“The program has led to roughly 60,000 migrants getting sent back across the border since MPP was first implemented in January 2019. Tens of thousands of people are still stuck in Mexico, awaiting their court hearings and living in unsanitary and potentially dangerous situations. The policy has placed enormous strain on Mexico, even more so during the COVID-19 pandemic”, NRP explained in 2021.

Chief Justice John Roberts told CNN that the relevant immigration statute confers the DHS Secretary discretionary authority to return people to Mexico, but not the duty to return aliens to Mexico.

Biden’s major victory

The Supreme Court’s decision is a major victory for Biden’s administration, as it has suffered several losses in lower courts in efforts to reverse Trump’s immigration policies.

Remain in Mexico was first implemented in 2019 under then-President Donald Trump. It has since been criticized by immigrant-rights advocates. They argue that it is inhumane because it exposes asylum-seekers to harsh conditions on the Mexican border.

According to Biden’s campaign to end the program, Remain in Mexico “goes against everything we stand for as a nation of immigrants.” In addition, the DHS has maintained that it is a policy that “comes at a steep human cost and is not an effective use of resources.”

Solicitor General Elizabeth Prelogar said at oral arguments in April, cited by CNN, that if Remain in Mexico is still implemented, there are still insufficient resources for the detention facilities.

When Biden took office in January 2021, it prompted the red states’ lawsuit. Then, DHS Secretary Alejandro Mayorkas issued a memo that formally ended the policy. However, a federal judge in Texas blocked the move in August, forcing Biden to revive the program.

Mayorkas issued a memo in October ordering the program’s termination. It sought to address the procedural flaws laid out in the district court’s ruling in August. Nonetheless, the policy restarted in December, and more than 5,000 migrants have been returned to Mexico, most arriving from Nicaragua, Cuba, Colombia, and Venezuela.

What happens now?

Homeland Security Secretary Alejandro Mayorkas told the hosts of both ABC’s “This Week” and CBS’ “Face the Nation” that the current policy will continue for the next few weeks.

“We need to wait until the Supreme Court’s decision is actually communicated to the lower court, to the federal District Court and the Northern District of Texas, and, once that occurs, the District Court should lift its injunction that is preventing us from ending the program,” Mayorkas told CNN.

If you have questions about your immigration status, don’t hesitate to contact an immigration attorney in San Diego today.