The Supreme Court Agreed Friday to consider a case that asks whether the Biden administration can repeal a Trump-era immigration policy.
The so-called “Remain in Mexico” policy, officially titled Migrant Protection Protocols, requires asylum-seeking immigrants to stay in Mexico while they wait for an immigration judge to consider their claim. Immigration advocates, including the American Immigration Council, have said staying in Mexico is a dangerous policy for thousands of people seeking humanitarian aid.
This isn’t the first time the Supreme Court has come up against the legality of the stay-in-Mexico policy. Shortly after the Trump administration announced it, a coalition of immigrant rights groups and states filed a lawsuit, and a federal judge in California temporarily blocked the policy. However, the Supreme Court intervened and overturned the lower court’s decision while the lower courts continued to review the case.
After he took office, the Biden administration rescinded the policy. This time, Texas and Missouri sued, arguing that the attempted repeal was illegal, and even if it wasn’t, the administration failed to follow proper procedures in its repeal. Lower federal courts accepted and blocked the Biden administration’s decision.
Last August, the administration asked the Supreme Court to overturn those rulings, but the court rejected the administration’s argument, citing his 2020 ruling blocking the Trump administration’s call for deferred action on child arrivals. At the time, the three Liberals were dissenters.
The Supreme Court set the argument for mid-April, putting an exclamation mark on what has already been a blockbuster term. A decision in this case is expected in June.