The Supreme Court delivered President Biden some bad news when it ruled that Trump’s “Remain-in-Mexico” policy must stand. The policy requires asylum-seekers to remain in Mexico while awaiting their court date. The Supreme Court voted along ideological lines to maintain Trump’s Migrant Protection Protocols (MPP).
The Hill reports:
Justice Samuel Alito wrote that the administration had failed to show it was likely to ultimately prevail in defending the lawfulness of its decision to rescind the Trump measure, officially called the Migrant Protection Protocols (MPP).
Alito, who handles emergency requests from Texas, referred the matter to the court. None of his fellow conservative justices commented on the matter, though the court’s three liberals indicated they would have granted the administration’s request.
The court’s move comes after a federal judge in Texas ordered the Biden administration to reinstate the program in response to a lawsuit by the attorneys general of Texas and Missouri. A three-judge panel of the U.S. Court of Appeals for the 5th Circuit let stand that ruling, prompting the Biden administration’s emergency request to the justices.
The Biden administration sought to formally end the Trump-era policy in June, which was spelled out in a memorandum by Homeland Security Secretary Alejandro Mayorkas.
In August, Trump-appointed judge Matthew Kacsmaryk ruled the Biden administration failed to provide a legally adequate reason to rescinf the Trump-era policy.