- The Supreme Court will hear the arguments for ending «Remain in Mexico».
- These arguments could determine the validity of the policy known as Title 42.
- A federal judge temporarily blocked the Biden administration’s bid to end the measure on May 23.
On Monday, April 25, a federal judge temporarily prevented the Biden administration from ending Title 42, which involves restrictions on immigrants at the border due to the pandemic. Former President Trump enacted the policy and the Biden administration is seeking the approval of the Supreme Court to put an end to the controversial immigration program that forces some people seeking asylum in the US to wait for their hearings in Mexico.
The justices will hear arguments on Tuesday, April 26, in the administration’s appeal of lower court rulings that required immigration officials to reinstate the «Remain in Mexico» policy, also known as Title 42. It’s a policy that the administration «has twice determined not to be in the best interest of the United States,” according to court documents.
Will Title 42 continue?
Texas and Missouri, which sued to keep the program, said it has helped reduce the flow of people into the US at the southern border. “Many file meritless immigration claims, including asylum claims, in the hope that they will be released into the United States,” they told the Supreme Court in a filing.
Some 70,000 people signed up for the program, formally known as the Migrant Protection Protocols, after President Donald Trump launched it in 2019 and made it a centerpiece of efforts to deter asylum seekers, according to The Associated Press.
Migrants in suspense
President Joe Biden suspended the measure on his first day in office, and Homeland Security Secretary Alejandro Mayorkas ended it in June 2021. In October, DHS presented additional justifications for the policy’s demise to the court, to no avail.
The program resumed in December, but only 3,000 migrants had signed up by the end of March, during a period in which authorities stopped some 700,000 migrants at the border.
What will the Supreme Court evaluate?
At the heart of the legal fight is whether the program is discretionary and can be terminated, as the administration argues, or is essentially the only way to comply with what the states say is a Congressional order not to release the immigrants in question into the United States.
Without adequate detention facilities in the US, Texas and Missouri argue that the administration’s only option is to have immigrants wait in Mexico until their asylum hearings. The two sides disagree separately on whether the way the administration ended the policy complies with a federal law that requires agencies to follow rules and explain the reasons for their actions. Filed Under: Title 42 Supreme Court.
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