The U.S. Supreme Court (SCOTUS) is set to hear a case on Tuesday that will decide whether President Joe Biden unlawfully terminated migration protection protocols, known as former President Trump’s “Remain in Mexico” program. .
In 2019, Trump instituted the Remain in Mexico program which helped effectively eliminate the capture and release policy on the US-Mexico border. Rather than apprehending and releasing cross-border commuters inside the United States, the program required officials to return cross-border commuters to Mexico pending their asylum and immigration hearings in US courts.
On June 1, 2021, Biden’s Department of Homeland Security (DHS) Secretary Alejandro Mayorkas released a memorandum ending Remain in Mexico. A district court then ruled that DHS violated federal immigration law when it terminated Stay in Mexico and that Mayorkas did not provide sufficient detail in its reasoning to terminate the program.
The district court ordered DHS to reinstate the Remain in Mexico program, though Breitbart News sources said for months the agency had slowed its reimplementation and was barely making an effort to use it.
When Mayorkas, again, tried to end Stay in Mexico in October 2021, the appeals court upheld the district court’s preliminary injunction and ordered that the program remain implemented.
Now, SCOTUS will hear the case to find out whether federal immigration law requires the administration to continue implementing Stay in Mexico and whether the appeals court was correct in determining that the program must remain implemented. .
Lawyers for Victims of Unlawful Foreign Crimes (AVIAC), American First Legal Foundation and Immigration Reform Law Institute (IRLI) are among organizations supporting the trial of Texas Attorney General Ken Paxton and Missouri Attorney General Eric Schmitt against the Biden administration in the Case.
“Congress has established a detailed practice for how DHS treats foreigners arriving from Mexico. Only Congress can change this practice,” the attorneys representing AVIAC wrote in their amicus brief. “DHS cannot refuse to exercise its discretionary option to have foreigners stay in Mexico and it cannot ignore a Congressional mandate to craft a third option that fits its desired immigration policy. It is to legislate by [the] agency in its lowest form.
The case is Biden vs. Texas21-954 before the United States Supreme Court.