Topline
On Tuesday, the Supreme Court upheld a lower court ruling that required the federal government's revival of a Trump-era policy that asylum seekers must remain in Mexico while they await their court dates. This protocol was stopped by President Joe Biden months ago.
On December 9, 2019, a camp for asylum-seekers is located next to the international bridge to America in Matamoros (Mexico). Getty Images
The Key Facts
The Supreme Court denied the Biden administrations request for a pause in Judge Matthew Kacsmaryk's injunction that required the Department of Homeland Security implement Trump's 2019 Migrant Protection Protocols. This is also known as the "Remain in Mexico" program. Stephen Breyer and Sonia Sotomayor, three liberal Supreme Court justices, indicated that they would have granted a stay. Kacsmaryk, a Trump appointee, ruled that Biden did not follow federal policy changes when he ended MPP. He also argued that Biden's current immigration practices permit too many asylum-seekers into the United States and they should be detained. Forbes reached out to DHS and the White House for comment.
What to Watch
Lawyers for the Biden administration informed the Supreme Court that it would be nearly impossible to restart MPP within days. This is because the program, which forced many asylum-seekers into makingshift camps at the U.S./Mexico border, requires cooperation from the Mexican government. BuzzFeed News obtained a Tuesday evening email from a U.S. federal employee. A Citizenship and Immigration Services official stated that the government was working to comply with the court order but will only return to MPP if the Government of Mexico agrees.
Important Background
MPP was required to allow thousands of asylum-seekers to cross the southern border to temporarily reside in Mexico, while they waited for their day in U.S. immigration courts. Trump's administration viewed the program as a means of stopping asylum-seekers and immigrants from seeking to reside in the United States. Critics have criticized the MPP program for being inhumane, illegal and questionable. Many families were forced to live in tent cities at the border of Mexico, where they were exposed to ransom kidnappings as well as other violence. The program also encountered legal opposition last year. Opponents argued that it violated international treaties as well as U.S laws prohibiting the federal government sending asylum-seekers into life-threatening situations. This principle is known as non-refoulement.
Chief Critic
Omar Jadwat, a member of the ACLU who sued the government over MPP under the Trump era, reacted to the Supreme Courts ruling by asking Biden to take every step possible to end this illegal program.
