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Supreme Court Blocks Reinstatement Of Trump’s “Remain in Mexico” Temporarily


The Supreme Court gave Joe Biden and small and probably temporary win Friday blocking a federal judge’s order mandating Biden reinstate a Trump-era policy requiring immigrants seeking asylum at the southern border to wait in Mexico while they are processed. Two states sued Biden after he reversed Trump’s program.

A federal judge in Texas ordered Trump’s policy be reinstated last week saying the Biden “failed to consider several critical factors” before ending the program. Biden appealed to the 5th U.S. Circuit Appeal in New Orleans. Biden lost there as well.

Justice Samuel Alito issued the temporary order after a request from the Department of Justice. This is normal and in no way indicates how the Court will rule on the case. The suspension of the lower court’s order will expire Tuesday night.

“It requires the government to abruptly reinstate a broad and controversial immigration enforcement program that has been formally suspended for seven months and largely dormant for nearly nine months before that,” the department said in its brief before SCOTUS.

“In recent years, this Court has repeatedly stayed broad lower-court injunctions against Executive Branch policies addressing matters of immigration, foreign policy, and migration management,” the brief said.

“I have determined that MPP does not adequately or sustainably enhance border management in such a way as to justify the program’s extensive operational burdens and other shortfalls,” 

Department of Homeland Security Secretary Alejandro Mayorkas said when Biden ended the program in June:

“Moreover, in making my assessment, I share the belief that we can only manage migration in an effective, responsible, and durable manner if we approach the issue comprehensively, looking well beyond our own border.

“As immigration courts designated to hear MPP cases were closed for public health reasons between March 2020 and April 2021, DHS spent millions of dollars each month to maintain facilities incapable of serving their intended purpose.

“Throughout this time, of course, tens of thousands of MPP enrollees were living with uncertainty in Mexico as court hearings were postponed indefinitely. As a result, any benefits the program may have offered are now far outweighed by the challenges, risks, and costs that it presents,” he said prematurely.

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