The US Supreme Court ruled on Tuesday that the Biden administration must reinstate the “Remain in Mexico” immigration policy. In a 6-3 vote, the nation’s highest court said President Joe Biden’s order to invalidate the policy is invalid itself. Instead, the federal government should immediately bring back the older ruling.
Remain in Mexico Policy
Former President Donald Trump issued the Remain in Mexico policy in 2019. This requires asylum seekers to remain in Mexico while their applications undergo processing.
The Trump administration argued that the policy ended the notorious “catch-and-release” system that’s happening across the US. This refers to the immigration practice of allowing migrants awaiting a hearing to remain in the community.
The policy is also an alternative to holding them in detention facilities. Critics of the catch and release policy say that this is a major attraction for asylum seekers.
Meanwhile, critics of the Remain in Mexico program say that it leads to migrants being placed in danger. In cooperation with Mexican authorities, the policy set up court tents in border cities like Laredo, Texas. This allows migrants to briefly enter the States for their hearings then head back to Mexico.
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DHS Issues Statement Criticizing SCOTUS
Meanwhile, the Department of Homeland Security issued a statement disagreeing with the ruling. “The Department of Homeland Security respectfully disagrees with the district court’s decision and regrets that the Supreme Court declined to issue a stay.
DHS has appealed the district court’s order and will continue to vigorously challenge it. As the appeal process continues, however, DHS will comply with the order in good faith.
Alongside interagency partners, DHS has begun to engage with the Government of Mexico in diplomatic discussions surrounding the Migrant Protection Protocols (MPP),” the statement said.
“DHS remains committed to building a safe, orderly, and humane immigration system that upholds our laws and values. DHS continues to process individuals in accordance with U.S. law and our mission.
Pursuant to the CDC’s Title 42 public health order, DHS continues to expel single adults and families encountered at the Southwest Border,” it added.
Previous Attempts to Restore Remain in Mexico Policy
Last week, a Texas federal judge ordered the reinstatement of the Remain in Mexico program. When the administration requested to put the order on hold, both the judge and the 5th US Circuit Court of Appeals denied the request.
Meanwhile, Supreme Court Associate Justice Samuel Alito ordered a brief delay to allow the full court time to consider the administration’s appeal.
President Joe Biden earlier promised to end the Remain in Mexico policy. He wanted migrants enrolled in the Migrant Protection Protocols (MPP) allowed entry into the US shortly upon assuming the presidency. In June, he formally ended the program.
States Sue The Federal Government
However, Biden’s veto of the policy led to some states suing the federal government. Missouri and Texas filed lawsuits, alleging that the new policy is illegal.
They also contended that it harmed both border states and states deeper in the interior by encouraging migrants. As a result, it added fuel to the ongoing migrant crisis at the southern borders.
Missouri AG Eric Schmitt talked about how the new policy harmed the states. “We are hopeful for a favorable ruling because it is clear that the Biden administration didn’t consider anything relevant to how it was working or notice and comment, and obviously we have a crisis at the border now.
Anyone who is paying attention knows we have a 21-year high in border crossings, drug traffickers, and human traffickers have been emboldened, and that affects not just Texas but states like Missouri,” he remarked.
Problems With Biden’s Policy
In addition, the lawsuit also claimed some migrants committed crimes while waiting for their hearing. The policy can also lead to an increase in human trafficking. As a result, states will have to contend with higher costs in areas like education and health care.
Watch the Reuters video reporting that the US Supreme Court requires Biden to revive Trump’s ‘remain in Mexico’ immigration policy:
Do you agree with the SC ruling to bring back Trump’s Return to Mexico Policy? Or, do you think that migrants should stay within the States while waiting for the immigration hearing?
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