The Biden administration should restore the program under which migrant asylum seekers waited for court hearings while in Mexico.
The U.S. Supreme Court rejected the claim of President Joe Biden, who asked the judicial authorities to cancel the immigration policy introduced by his predecessor Donald Trump, which obliged thousands of asylum seekers to stay in Mexico while waiting for hearings in the U.S. immigration courts.
The court rejected the Biden administration’s attempt to challenge the decision of a Texas judge who demanded that the White House revive the “Staying in Mexico” program, also known as the Migrant Protection Protocols Program (MPP).
The administration’s lawsuit was rejected by the conservative majority of the Supreme Court, in which three liberal judges are in the minority against six conservative judges.
Thus, the Supreme Court ordered the decision of District Judge Matthew Kaczmarek from Texas to take effect.
In their decision, the judges referred to the ruling of the Supreme Court, which in 2020 rejected Trump’s request to terminate the DACA program, which protects the children of illegal migrants brought to the United States before the age of majority from deportation.
In both cases, it is a question of how legally correct the process is carried out when trying to cancel the policy of the previous administration.
Biden canceled the MPP program after taking office. The states of Texas and Missouri, led by Republicans, challenged the actions of the Democratic president.
The Biden administration appealed to the Supreme Court after a Texas judge ruled that the Trump-era immigration policy should be restored; the 5th U.S. Circuit Court of Appeals in New Orleans on August 19 rejected the administration’s request to delay the entry into force the court decision.
The appeals court’s decision says that the Biden administration must “faithfully” implement the MPP program, which leaves the administration some leeway.
Democrats and immigration advocates criticized the MPP program, arguing that migrants from Central America were forced to live in dangerous conditions in Mexican border cities as a result of its implementation.
The Trump administration, citing the “security and humanitarian crisis” in the area of the U.S.-Mexico border, refused to allow migrants seeking asylum to enter the United States before the hearings in the immigration courts.