Supreme Court Grants Biden Victory Over Remain-In-Mexico Asylum Rule

The Supreme Court has ruled in favor of the Biden administration on Thursday, which sought to end the Trump-era “Remain in Mexico” policy that requires asylum seekers to wait in Mexico until their case is heard, instead of being allowed to await their hearings in the United States.

The court ruled 5-4, with Chief Justice John Roberts and Justice Brett Kavanaugh joining the three liberal judges in the majority.

The program, officially known as Migrant Protection Protocols (MPP), resulted in a 75% drop in illegal crossings according to former acting commissioner of Customs and Border Protection, Mark Morgan, calling it “the most significant game-changer” in immigration policy at the time.

“That’s on the outer limits of the estimates, [which] are coming from the American intelligence community. … This is what they’re expecting,” Bensman said. “They’re saying it could be as low as 12,000 a day. But to give you some context, we’re at [6,000] and 7,000 a day right now, which is just too big to handle at present.”

President Joe Biden had suspended the MPP on his first day in office in January 2021 and the Department of Homeland Security (DHS) officially terminated it in June. But the administration restarted the policy in early December 2021, in El Paso, Texas, after it was ordered by a lower court to do so.

U.S. District Judge Matthew Kacsmaryk had ruled on Aug. 14, 2021, that the Biden administration had to revive the program, after Texas and Missouri sued the administration for having ended the MPP, saying that the decision worsened conditions at the border.

The Supreme Court had declined to intervene on Aug. 24 after the Biden administration filed an emergency motion requesting a stay of Kacsmaryk’s order, only to change their mind after the Biden DOJ asked them to hear the case on the grounds that the appeals court decision was made in error.