Policy forces immigrants to remain south of the border while seeking asylum in US
With three liberal justices in dissent – Justices Stephen G. Breyer (second from right, front row), Sonia Sotomayor (far right, front row) and Elena Kagan (second from left, back row) – the Supreme Court said the Biden administration likely violated federal law in its efforts to rescind the Trump-era ‘Remain in Mexico’ policy. A federal judge in Texas, U.S. District Judge Matthew J. Kacsmaryk, had previously ordered that the program be reinstated last week. The Biden administration appealed to the 5th U.S. Circuit Appeal in New Orleans and asked for a delay in re-implementing the program while the case makes its way through the court system, but that was denied on Thursday. The high court’s order in the case means the case will now continue to proceed through the courts and be heard by an appeals court – and it could ultimately return to the Supreme Court. As the court case proceeds, the administration must make a ‘good faith effort’ to restart the program. The Trump administration previously filed an emergency application to continue its Remain in Mexico policy after it had been blocked by a federal appeals court.
- With the three liberal justices in dissent, the court said the administration likely violated federal law in its efforts to rescind the program
- A federal judge in Texas had previously ordered that the program be reinstated last week
- Both he and the 5th U.S. Circuit Court of Appeals refused the administration’s request to put the ruling on hold
- Justice Samuel Alito ordered a brief delay to allow the full court time to consider the administration’s appeal
VIDEO: United States deports migrant families across border to Mexico https://www.dailymail.co.uk/news/article-9924169/Supreme-Court-orders-Remain-Mexico-policy-reinstated.html#v-8455817199840085811 <BR> <BR>Get the MailOnline App: <BR> https://www.dailymail.co.uk/mobile
The Trump-era policy that Biden can’t escape
The MPP program was initiated in 2019 and deported certain migrants at the southern border to Mexico pursuant to Section 235(b)(2)(C) of the Immigration and Nationality Act (INA).
The Department of Homeland Security suspended the program on January 21, 2021, the day that President Joe Biden was inaugurated.
Since then, no new individuals have been enrolled and the DHS terminated the program on June 1.
Under the policy, those who were eligible could register online to confirm eligibility to begin processing into the United States while remaining in Mexico.
Those who the U.S. government determined to be eligible for processing would be contacted by facilitating organizations and provided instructions for accessing a designated staging location, where they would complete a health questionnaire and undergo testing for COVID-19.
At staging sites, facilitating organizations would provide legal orientation and support before being transported to designated ports of entry for processing into the United States.
The MPP enrollees that made it this far into the program could then be released by DHS while their cases make their way through immigration court.
Source: Department of Homeland Security
19:59 EDT 24 Aug 2021 , updated 23:19 EDT 24 Aug 2021