Supreme Court allows Biden administration to end Trump-era 'Remain in Mexico' policy

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Joe Biden and Donald Trump
President Joe Biden and former President Donald Trump.AP Photo
  • The Supreme Court ruled in favor of the Biden administration's bid to end Trump's controversial "Remain in Mexico" policy.

  • The decision was 5-4, delivered by Chief Justice John Roberts.

  • The policy requires migrants entering the US at the southern border to remain in Mexico during their immigration proceedings.

The Supreme Court on Thursday ruled in favor of the Biden administration's bid to end a controversial Trump-era immigration policy, commonly known as "Remain in Mexico."

Chief Justice John Roberts delivered the opinion, a 5-4 decision, joined by Justice Brett Kavanaugh, and the court's three liberals, Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan. Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Amy Coney Barrett dissented.

The Remain in Mexico policy, formally known as Migrant Protection Protocols, was put in place by President Donald Trump in 2018. The policy said non-US citizens looking to enter the country through the southern border would have to stay in Mexico, instead of the United States, until their immigration proceedings are completed. Opponents say the program is inhumane to migrants and puts them in dangerous conditions.

The Supreme Court examined whether Biden must uphold the Trump-era immigration policy or if his administration's Department of Homeland Security can legally put an end to it.

In a statement, DHS said that the agency welcomed the decision and "will continue our efforts to terminate the program as soon as legally permissible," adding that it would enforce Title 42 for the time being.

When Biden took office in 2021, he ended the policy but quickly faced pushback from state lawmakers in Texas and Missouri, who argued that rescinding the law would violate federal immigration law. Lower federal courts ultimately ruled that the Biden administration must reinstate the policy, forcing it back into place.

The Supreme Court ruled on Thursday that the administration did not violate federal law when it tried to end the program.

Around 70,000 people were sent back to Mexico under MPP during the Trump administration. Several reports detailed poor living conditions at the encampments as well as cases of sexual assault and kidnapping.

Tami Goodlette, the director of litigation at immigration advocacy group RAICES, said in a statement that the Remain in Mexico decision is "a victory for tens of thousands of immigrants and asylum seekers seeking safety at the US border."

"The Biden Administration must continue fighting Remain in Mexico in the lower court, and keep its promise to restore asylum and undo all cruel and immoral Trump-era policies, like Title 42," Goodlette said.

Read the original article on Business Insider