The United States Supreme Court reinstated a Trump-era immigration policy, commonly known as the “Remain in Mexico” policy.
The “Remain in Mexico” policy implemented under the Trump administration orders asylum seekers crossing the border to stay in their home country; they must do this while awaiting court hearings in the U.S. to ascertain their eligibility and status.
Supreme Court refused to stop an order requiring the Biden administration to bring back the policy
The policy was reinstated on Tuesday after the Supreme Court refused to stop a court ruling which orders the Biden administration to bring back the Trump-era policy.
The brief shadow-docket order contains minimal reasoning but cites the 2020 case in which SCOTUS ruled that the Trump administration acted unlawfully when it tried to quickly cancel Obama's DACA program. Now that ruling is hindering Biden from unwinding Trump immigration policy.
— SCOTUSblog (@SCOTUSblog) August 25, 2021
Three liberal justices dissented in the order, stating that the Biden administration violated federal law in its attempt to abolish the policy, formally named as the “Migrant Protection Protocols.”
In the Supreme Court’s decision, the justices noted that the Biden administration acted arbitrarily and capriciously when they abolished the policy. On the other hand, a statement was released by the Department of Homeland Security disagreeing with the Supreme Court ruling.
In their statement, DHS noted that they disagree with the decision of the high court and regrets that they declined to issue an order for migrants to stay.
The DHS likewise added that they will proceed to extensively challenge the decision through an appeal. However, as the appeal process is still ongoing, DHS will follow the court’s order in good faith.
They continued, stating that DHS already started to communicate with the Mexican government to talk about the Migrant Protection Protocols.
Last week, a federal judge in Texas ordered that the Remain in Mexico policy be reinstated. The Texas judge, together with the 5th United States Circuit Court of Appeals, declined the request of the Biden administration to put the policy on hold.
“Remain in Mexico” policy prevented “catch and release,” which emboldened migrants to cross the border
The “Remain in Mexico” policy was put in place under the Trump administration back in 2019. The policy involves sending illegal immigrants back to Mexico while they are waiting for their court order. This happens to assess their status and eligibility, instead of releasing them into the United States.
The Trump administration asserted that the policy prevented the “catch and release” which previously created a major incentive for migrants to go north.
Outstanding news! President Biden's catch and release practice has led to a 20 year high in illegal immigration. Reinstating the successful Remain in Mexico policy allows for a fair and thorough vetting process of asylum seekers who cross our southern border. https://t.co/ISU1Tpjl2c
— Rep. John Rutherford (@RepRutherfordFL) August 25, 2021
However, critics of the Trump administration pushed back stating that the Remain in Mexico policy was rather cruel and exposed migrants to danger as they set up camps all across the border.
Meanwhile, the Biden administration pledged to end the policy; they started processing asylum seekers enrolled in the Migrant Protection Protocols shortly after they crossed the United States.
Yet, border states such as Texas and Missouri sued the Biden administration for abolishing the policy. These states said that it was illegal and it harmed the border by encouraging people to cross over, thus fueling the overwhelming surge of migrants.