Supreme Court to Hear Arguments for Reinstating Remain in Mexico Policy

Texas Attorney General Ken Paxton and Missouri Attorney General Eric Schmitt are heading to the Supreme Court Tuesday to argue that it is critical for the Biden administration to reinstate the Migrant Protection Protocols, also known as the "Remain in Mexico" policy. 

This will be the second time they’ve argued before the court in a lawsuit filed against the administration last April, Just the News reports. 

“Missouri and Texas filed suit after the Biden Administration suspended the policy and obtained a permanent injunction in federal court, and then successfully defended that injunction in the 5th Circuit Court of Appeals and the Supreme Court of the United States," Schmitt told The Center Square. "We look forward to presenting our arguments in front of the Supreme Court and continuing our winning streak against the Biden Administration."

Last August, U.S. District Judge Matthew J. Kacsmaryk of the Northern District of Texas ordered the administration to reinstate the Trump era policy, ruling that halting it violated the Administrative Procedures Act. 

The Fifth Circuit Court of Appeals upheld Kacsmaryk’s ruling more than once, determining the administration also violated federal immigration law.

The administration argues the policy is inhumane and has fought the attorneys general in court even after the Supreme Court’s decision. In its most recent filing with the Supreme Court, the administration argues that courts ordering the Department of Homeland Security to reinstate the policy is “unprecedented.”

The Migrant Protection Protocols, enacted in 2019, applies “to aliens who have no legal entitlement to enter the United States but who depart from a third country and transit through Mexico to reach the United States land border.” 

The policy requires those seeking to enter the U.S. to remain in Mexico while their immigration applications are considered.