Biden froze the Migration Protection Protocols (MPP), also known as the “Remain in Mexico” program, on his first day as President. But last August a federal judge in Texas ordered it to start again. However, on June 30 the Supreme Court ruled 5-4 in favor of the Biden government. It can halt the program again while it is before the courts.
This hopefully means over 5,000 migrants waiting for their immigration court dates in Mexico can re-enter America.
Justice Roberts ruled that immigration laws say the government “may” deport people, but doesn’t have to. A new government can make policy decisions based on its own beliefs.
The 4 dissenting justices said Texas shouldn’t have heard the case at all, citing Garland v Gonzalez. It ruled that only the Supreme Court can hear cases about immigration enforcement laws, except when individuals are suing for their own protection.
The decision will limit the power of courts in cases not brought by individuals. And there will be court battles about whether a court can cancel a policy under the APA. It’s also unclear what it means for courts hearing cases when they have no power to make a ruling.
Even though immigration civil rights litigation can be affected in the long term, the decision was a victory for the Biden government. It can end the Remain in Mexico program.
However, the number one obstacle to asylum seekers is still Title 42, a public health law that lets migrants be immediately kicked out at the border.