Supreme Court upholds order keeping ‘Remain in Mexico’ policy in place
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The Supreme Court Tuesday declined the Biden administration’s request to block a lower court order keeping the Trump administration’s “Remain in Mexico” policy for asylum-seekers in place.
The unsigned order stated that the Biden White House failed to show that its move to end the program, which required asylum claimants to wait in Mexico until their case could be heard in a US immigration court, was not “arbitrary and capricious.” The court used similar rhetoric last year in rejecting the Trump administration’s attempt to end the Obama-era Deferred Action for Childhood Arrivals (DACA) program.
President Joe Biden initially suspended the “Remain in Mexico” policy hours after taking office on Jan. 20. The Republican attorney generals of Texas and Missouri had challenged the suspension in April, warning of a surge of illegal immigration that would result.
Critics argued that the policy threw up near-insurmountable obstacles to successful asylum claims by forcing claimants to wait out violent conditions in Mexico, where they had limited access to lawyers and difficulty making it to court.
Missouri Attorney General Eric Schmitt hailed Tuesday’s ruling as “a huge win for border security and the rule of law, and highlights our efforts to continually fight back on federal government overreach.”
There was no immediate reaction from the White House Tuesday night.
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