Supreme Court Is Set to Hear the Remain in Mexico Case

Supreme Court Is Set to Hear the Remain in Mexico Case

Trump VS. Biden: ‘Remain In Mexico’ Case Hits The Supreme Court

(ConservativeHub.com) – The US Supreme Court began hearing arguments on April 26 in a case involving the “remain in Mexico” policy enacted under the Trump administration. The Migrant Protection Protocols (MPP) rule allows Customs and Border Patrol (CBP) agents to refuse entry to anyone seeking asylum until their case goes before the immigration court. This policy contrasts with the Biden administration’s rule that allows migrants into the US to wait for their court date.

With one of the many executive orders he signed on his first day in office, President Joe Biden ended the MPP. A lower court judge reversed the order and reinstated the policy in December.

The Supreme Court will decide whether the Biden administration can stop the policy for good. Twenty-one states are arguing they don’t have proper holding facilities for the undocumented migrants, so the MPP is the only reasonable option to control the flow of migrants. They also oppose the cost burden of excessive immigration landing unfairly on the states and claim the risk of dangerous criminals coming across the border from Mexico is too high. States also argued Biden’s executive order violated the Administrative Procedure Act (APA) and the Immigration and Nationality Act (INA), and the lower court appeared to agree in its reinstatement ruling. The Supreme Court will rule on this aspect, also.

Court observers expect the SCOTUS ruling regarding the case near the end of May, which happens to be the same time the administration plans to end another controversial border policy, Title 42. This Trump health policy resulted from the pandemic and the need to stem infection vectors from across the border. The CDC scheduled an end date of May 23 for the policy, but 22 states are challenging this decision in court.

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