The U.S. Supreme Court on Tuesday ruled against the Biden administration in its attempt to end the “Remain in Mexico” program, a controversial Trump-era border policy.
The Court ordered the Biden administration to reinstate the “remain in Mexico” policy, formally known as the Migrant Protection Protocols (MPP) program.
Trump’s “remain in Mexico” policy forces people to wait in Mexico while seeking asylum in the U.S.
The justices said in their unsigned decision that the Biden administration appeared to act arbitrarily and capriciously by rescinding the policy, formally known as the Migrant Protection Protocols.
The unsigned decision read as below:
“The application for a stay presented to Justice Alito and by him referred to the Court is denied. The applicants have failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious. See Department of Homeland Security v. Regents of Univ. of Cal., 591 U. S. ___ (2020) (slip op., at 9- 12, 17-26). Our order denying the Government’s request for a stay of the District Court injunction should not be read as affecting the construction of that injunction by the Court of Appeals.
Justice Breyer, Justice Sotomayor, and Justice Kagan would grant the application.
The White House halted the program shortly after President Biden’s inauguration.
Texas sued over the program’s suspension claiming it placed a burden on local governments to provide services to immigrants who were allowed to stay in the U.S.
Texas’s Attorney General Ken Paxton tweeted the policy “must be implemented now!”
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