The U.S. Supreme Court has allowed President Joe Biden to end Donald Trump’s Migrant Protection Protocols, commonly known as the ‘remain in Mexico’ policy, which forced migrants to stay in Mexico to await U.S. hearings on their asylum claims
The justices, in a 5-4 ruling authored by Chief Justice John Roberts, overturned a lower court's decision requiring Biden to restart Trump's "remain in Mexico" policy after the Republican-led states of Texas and Missouri sued to maintain the program.
Trump's administration adopted the policy, formally called the "Migrant Protection Protocols," in 2018 in response to an increase in migration along the U.S.-Mexican border, changing longstanding U.S. practice. It prevented certain non-Mexican migrants, including asylum seekers fearing persecution in their home countries, from being released into the United States to await immigration proceedings, instead returning them to Mexico.
The ruling also faulted the 5th Circuit for voiding the administration's June 2021 decision to end Trump's program. The 5th Circuit found that Biden's administration had failed to properly explain its rescinding of Trump's policy in violation of federal administrative law. But the Supreme Court found that the June 2021 decision was superseded by a new, more detailed one issued by the administration four months later.
Kavanaugh, in a concurring opinion, said that every president since the late 1990s has allowed immigrants into the United States to await their proceedings.
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