NEWS & ANALYSIS

Supreme Court Reinstates Trump-Era ‘Remain in Mexico’ Policy


The Supreme Court reinstated a Trump-era policy Tuesday that requires asylum applicants to wait in Mexico while their claims are reviewed by U.S. authorities. 

Biden canceled the policy due to criticism that it forced vulnerable migrants to wait in violent border cities. However, lower courts found the administration failed to follow proper procedures in ending the policy, the Wall Street Journal reports. 

The administration “failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious,” the unsigned order said. 

Justices Breyer, Sotomayor and Elena Kagan – the court’s more liberal justices – said they would have accepted the application for stay. 

Indeed, the “Remain in Mexico” policy hasn’t been used since 2019 due to the pandemic. Officials under both the Trump and Biden administrations have been turning away migrants under the guise of public health. 

But, at the request of Texas and Missouri, lower federal courts ordered the Department of Homeland Security to reinstate the protocol, arguing that it reduces their taxpayers’ burden. 

“By eliminating the ‘free ticket into the United States,’ MPP served to discourage such futile and dangerous journeys [and] thus [is] an ‘indispensable tool in addressing the ongoing crisis at the southern border,’” the states said. 

As previously reported by Human Events News, a federal appeals court upheld the policy last week. U.S. District Judge Drew Tipton granted a preliminary injunction in a lawsuit brought by attorneys general for Texas and Louisiana, ordering Biden to resume the policy.