US Supreme Court Orders Return of Trump-Era Asylum Policy ‘Stay in Mexico’

The U.S. Supreme Court on Tuesday denied President Joe Biden’s proposal to rescind an immigration policy implemented by his predecessor, Donald Trump, that forced thousands of asylum seekers to stay in Mexico while awaiting hearings in the United States.

The court, with three liberal justices disagreeing, rejected the Biden administration’s effort to block a Texas-based judge’s ruling requiring the government to revive Trump’s “stay in Mexico” policy, formally known as the program. of Migrant Protection Protocols (MPP).

The conservative 6-3 majority of the Supreme Court includes three Trump-appointed justices.

The short order from the judges means that Federal District Judge Matthew Kacsmaryk’s ruling now goes into effect.

The court’s decision referenced its 2020 ruling that thwarted Trump’s attempt to end a program introduced by former Democratic President Barack Obama that protects hundreds of thousands of immigrants, often called “Dreamers,” from deportation. who entered the United States illegally as children.

Both cases concern whether the government followed the correct legal process to undo the policy of a previous administration.

Biden, who has sought since taking office in January to reverse many of Trump’s hardline immigration policies, rolled back the MPP program. Republican-led Texas and Missouri challenged the Democratic president’s decision.

The Biden administration appealed to the Supreme Court after Kacsmaryk ruled that Trump’s policy would have to be reinstated and the New Orleans-based U.S. Court of Appeals for the Fifth Circuit on August 19 denied the government’s request for a delay.

The Fifth Circuit’s decision said the Biden administration must implement the MPP program in “good faith,” which leaves the government some discretion on how to move forward.

Democrats and immigration advocates criticized the MPP, saying the policy subjected migrants, mainly from Central America, to dangerous conditions in Mexican border cities.

The Trump administration cited a “humanitarian and security crisis” along the US-Mexico border by refusing to allow migrants seeking asylum, fearing persecution in their home countries, to enter the United States. before the hearings before the immigration judges.

Reacting to the Supreme Court order, Omar Jadwat, an attorney for the American Civil Liberties Union, who challenged Trump’s policy during the previous administration, said the Biden administration must “take all available steps to end completely to this illegal program, even ending with a more complete explanation. “

Arrests of migrants caught crossing the southern US border have reached 20-year highs in recent months, a fact Republicans blame on Biden’s repeal of the MPP and other Trump immigration policies.

The Biden administration has put into effect a separate Trump-era order that allows US border authorities, due to the COVID-19 public health crisis, to quickly remove migrants caught at the border without giving them the opportunity to seek asylum in the United States.


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