Last week, the U.S. Supreme Court agreed to hear the Biden Administration’s appeal of lower court decisions, which has prevented the government from ending the “Remain in Mexico” policy approved under former President Trump.
The policy instructs asylum seekers at the U.S. – Mexico border to remain in Mexico as they wait for their case to be heard in immigration court.
Challenges from states, such as Missouri and Texas, have prevented the Biden Administration from ending the program. Many of these states believe the Trump-era policy takes away the incentive of allowing migrants to stay in U.S while they wait for their claims to be considered.
President Biden suspended the protocols of this policy on his first day in office.
On Aug. 13, 2021, Judge Kacsmaryk of the U.S. Court for the Northern District of Texas, ruled that the “Remain in Mexico” policy must continue to specify the country’s approach to asylum seekers at the southern border.
Previously, the U.S. Supreme Court denied President Biden Administration’s appeal to halt that ruling.
The Biden administration reiterated its intention to end the policy in October, but another federal court got involved and ruled that the Department of Homeland Security does not have the power to make law “in a vacuum” the appeals court wrote in an opinion piece.
The Supreme Court hearing of the case will be held in late April.
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