The Supreme Court on Thursday ruled that the Biden administration can end the Trump administration’s Migrant Protection Protocols, a policy also known as “Remain in Mexico.”
The ruling came after a 5-4 vote, with conservative justices John Roberts and Brett Kavanaugh joining the three liberal justices in the majority.
The policy was originally created in 2019 to send illegal immigrants back to Mexico while their cases are processed in immigration court. The goal of the policy was to make sure migrants wouldn’t be released into the U.S.
The Biden administration tried to end the law immediately upon his election to the White House, with the President suspending the program on his first day in office. The Department of Homeland Security (DHS) officially terminating the policy in June of 2021. However his attempt to repeal the law had run into legal challenges from Republican-led states Texas and Missouri.
Ultimately, the justices determined that the government’s cancellation of the policy did not violate a section of immigration law that the two states had used to argue that the Biden administration illegally ended the program.
The Department of Homeland Security (DHS) said in a statement following the court’s ruling: “As Secretary Mayorkas concluded in October 2021 after a thorough review, the prior Administration’s Migrant Protection Protocols (MPP) has endemic flaws, imposes unjustifiable human costs, and pulls resources and personnel away from other priority efforts to secure our border. We welcome the Supreme Court’s decision affirming that the Secretary has the discretionary authority to terminate the program, and we will continue our efforts to terminate the program as soon as legally permissible.”
It added, “The Department also continues to enforce our immigration laws at the border and administer consequences for those who enter unlawfully, and will continue the court-mandated enforcement of the Centers for Disease Control and Prevention’s Title 42 public health order.”
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