Supreme Court allows Biden Administration To End Trump’s ‘Remain In Mexico’ Policy For Asylum Seekers

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BREAKING: The Supreme Court rules in favor of the Biden administration as it seeks to end former Pres. Donald Trump’s “Remain in Mexico” policy for asylum seekers

This Thursday, the Supreme Court ruled that the Biden administration can terminate the so-called “Remain in Mexico” policy — the rule first implemented under former President Donald Trump that required immigrants arriving at the southern border to wait outside the U.S. for their asylum hearings.

The dispute involved whether asylum seekers would be sent back across the southern border and forced to stay in Mexico while they wait for a formal decision on their claims. As we previously reported, early into Biden’s White House term, his administration sought to formally end the Trump-era policy. DHS Secretary Alejandro Mayorkas issued a memorandum in June 2021 ordering an end to the program, which started the legal challenge by the attorneys general of Texas and Missouri. This Thursday, the court ruled 5-4, with Chief Justice John Roberts and Justice Brett Kavanaugh joining the three liberal judges in the majority.

Under Trump, more than 70,000 asylum-seekers were returned from the U.S. to Mexico. His program formally called the Migrant Protection Protocols (MPP), marked an extreme departure from the previous practice of allowing those fleeing violence and persecution to cross the border and remain in the U.S. while they apply for asylum — a process that can take years to complete.

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Meanwhile, a separate Trump-era border enforcement policy known as Title 42 which was activated during the pandemic to rapidly expel migrants due to COVID — still remains in effect and unaffected by the court ruling. As Good Morning America reported, President Biden has also tried to rescind Title 42. However, lower courts have ordered it continued as legal challenges proceed.

This decision by the Supreme Court comes as they also decided to limit the power of the EPA to regulate greenhouse gas emissions from power plants, a move that could hinder the Biden administration’s efforts to fight climate change.

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