- The US Supreme Court blocked the Biden administration’s attempt to abolish the “stay in Mexico” policy.
- Three progressive judges said they would allow the policy to be blocked.
- Immigration rights organizations protested the order.
The US Supreme Court on Tuesday allowed the restoration of an immigration policy that forced asylum seekers to wait for their court date in Mexico, which dealt a blow to US President Joe Biden.
Under the former President Donald Trump’s “Remain in Mexico” plan, tens of thousands of non-Mexican asylum seekers-mainly from Central America-were sent back to the border to wait for the results of their applications.
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The Biden administration acted quickly to abolish and end this controversial policy, officially known as the Migration Protection Agreement (MPP).
This move passed the US court system, prompting the government to finally request the Supreme Court to suspend the resumption of the plan.
However, in a brief unsigned order, the court stated on Tuesday that “the application for suspension…rejected.”
According to the document, the court’s three progressive judges-Stephen Breyer, Sonia Sotomayor and Elena Kagan-said they would allow the suspension.
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In the order, the court cited a separate case in which it prevented Republicans from ending a federal program that granted legal status to hundreds of thousands of immigrants (called dreamers) in June 2020.
The court found that the Republican Party’s move to cancel the plan was “arbitrary and capricious.”
The Supreme Court also stated in its order on Tuesday that the Biden administration “failed to prove that the memorandum of revocation of the immigration protection agreement is not arbitrary and capricious and has the possibility of success.”
The case can now be conducted at a lower level in the Court of Appeal.
The Department of Homeland Security said in a statement that it “regrets the Supreme Court’s refusal to issue a stay order”.
It added, “However, as the appeal process continues, the Department of Homeland Security will comply with the order in good faith”.
Immigrant rights groups also protested the Supreme Court (SCOTUS) order.
Yael Schacher, a senior U.S. advocate for Refugee International, said: “Today SCOTUS’s decision to force a resumption of the’stay in Mexico’ policy is simply cruel.”
“The Biden administration must not regard this decision as an authorization.”
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