WASHINGTON — The Supreme Court on Tuesday refused to block a court ruling ordering the Biden administration to reinstate a Trump-era policy that forces people to wait in Mexico while seeking asylum in the United States.
With all three liberal justices dissenting, the court said the administration likely violated federal law in its effort to cancel the program informally known as Remain in Mexico.
The judges said in their unsigned decision that the Biden administration appeared to be acting arbitrarily and capriciously in rolling back the policy, officially known as the Migrant Protection Protocols. They also cited last year’s decision in the Department of Homeland Security c. Regents of the University of California Case. The move blocked efforts by the Trump administration to roll back the Obama-era program protecting young immigrants who came to the United States as children.
Immigration advocates, including the American Immigration Council, have said staying in Mexico is a dangerous policy for thousands of people seeking humanitarian aid.
After Remain in Mexico was enacted in 2019, thousands of asylum seekers were forced to wait for their US immigration hearings in harsh conditions across the border.
“Forcing vulnerable families and children to wait in temporary camps in Mexico puts their lives at risk, while making it nearly impossible for them to access the asylum process,” said Kate Melloy Goettel, legal director of litigation at the American Immigration Council. A declaration.
The White House halted the program shortly after President Biden’s inauguration. Texas sued for the suspension of the program, saying it required local governments to provide services to immigrants authorized to stay in the United States.
Texas Attorney General Ken Paxton popular the Supreme Court’s decision on Tuesday. Paxton tweeted that the policy “must be implemented now!”
A Texas federal judge previously ordered the Remain in Mexico program reinstated last week. He and the United States Court of Appeals for the 5th Circuit both denied the administration’s request to stay the decision.
Judge Samuel Alito ordered a brief delay to allow the full court to consider the administration’s appeal. The case may return to the Supreme Court after an appeals court hears the case.
Goettel called on the Biden administration to appeal the Supreme Court ruling, which the Department of Homeland Security said on Tuesday it would press.
The Department of Homeland Security “respectfully disagrees with the district court’s decision and regrets that the Supreme Court declined to issue a stay,” the department said in a written statement. statement. The department promised to comply with the order while appeals continue.