United States Supreme Court
Supreme Court to review Biden’s bid to end stay-in-Mexico policy for asylum seekers
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The U.S. Supreme Court agreed on Friday to decide whether the Biden administration can end former President Donald Trump’s policy requiring asylum seekers to stay in Mexico while their cases are pending.
The first is whether federal law requires the US Department of Homeland Security to continue the policy, known as the Migrant Protection Protocols, because the government lacks the capacity to detain all migrants. The second is whether DHS sufficiently explained its decision to end the policy.
A federal judge had cited both grounds in requiring the Trump administration’s policy to remain in place during the litigation.
The policy was taken to the Supreme Court on an emergency motion in August 2021, when the justices refused to interfere with the judge’s order. At that time, the Supreme Court cited probable success for the argument that the cancellation of the maintenance program in Mexico was arbitrary and capricious.
In October 2021, DHS then provided a fuller explanation for its decision to end the policy. The changes did not convince the 5th United States Circuit Court of Appeals in New Orleans, which upheld the stay-in-Mexico policy.
The challengers are the states of Texas and Missouri.
ABAJournal.com: “U.S. Reinstates Mexico Stay Program to Comply with Court Order and Expands Coverage”