The Supreme Court on Tuesday refused to prevent the court from ruling that the Biden administration reverted to Trump-era policies that forced people to wait in Mexico Seek asylum In the U.S
Because the three liberal judges disagree, the court stated that the government may have violated federal law in its efforts to withdraw the plan unofficially called “stay in Mexico.”
It is not clear how many people will be affected and how quickly they will be affected. According to the ruling of the lower court, the government must “work in good faith” to restart the plan.
There is nothing to stop the government from trying to terminate the program again, officially called the Immigration Protection Agreement.
A federal judge in Texas had previously ordered the plan to be resumed last week. Both he and the U.S. Court of Appeals for the Fifth Circuit rejected the government’s request to shelve the ruling.
Justice Samuel Alito ordered a short delay to give the entire court time to consider the appeals filed by the government in order to maintain the ruling while the case continues through the court.
The Fifth Circuit ordered an expedited review of the government’s appeal.
The court has little explanation for its actions, although it quoted last year’s opinion and rejected the Trump administration’s efforts to terminate another immigration program, the deferred repatriation of children’s entry program. In this case, the court held that the decision to terminate DACA was “arbitrary and capricious” and violated federal law.
The court wrote in an unsigned order on Tuesday that the government “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 three dissenting judges Stephen Breyer, Elena Kagan and Sonia Sotomayor did not write opinions to express their views on the case .
Asylum seekers stranded in Mexico were finally allowed to enter the United States, reversing Trump’s rule
The American Civil Liberties Union called on the government to provide a more adequate reason to end Mexico’s “remain in Europe” in order to withstand the review of the courts.
“The government must take all possible measures to completely terminate this illegal program, including re-terminating it with a more comprehensive explanation. Omar Jadwat, director of the American Civil Liberties Union’s Immigration Rights Program, said: “It must never be used. This decision concealed its abandonment of its commitment to restore a fair asylum system. “
During Donald Trump’s presidency, the policy required tens of thousands of immigrants seeking asylum in the United States to return to Mexico. It aims to deter asylum seekers, but critics say it deprives people of their legal rights to seek protection in the United States and forces them to wait in dangerous Mexican border cities.
The U.S. District Judge Matthew J. Kacsmaryk of Amarillo, Texas ordered the reinstatement of the plan in response to lawsuits filed by Texas and Missouri, the two states The governor has been seeking to restore some tough anti-Trump immigration policies.
The Biden administration argued in the briefing that the president “has clear authority to determine immigration policy” and that the Secretary of Homeland Security Alejandro Mayorkas has freedom in deciding whether to repatriate asylum seekers to Mexico. Discretion.
The policy has been shelved for more than a year, and the government argued that the sudden resumption of the policy “will damage the relationship between the United States and important regional partners, severely disrupt its operations on the southern border, and may cause diplomatic and humanitarian crises.”
The Trump administration basically stopped using the “stay in Mexico” policy when the pandemic began. Since then, it has started to repatriate almost all people crossing the southwest border under a different agreement (a public health order that is still in effect).
US President Joe Biden suspended the program on his first day in office, and the Department of Homeland Security ended the program in June.
Kacsmaryk was nominated by Trump as a federal judge. The Fifth Circuit ruling on Thursday night included two Trump-appointed persons, Andrew Oldham and Corey Wilson, and Jennifer Walker El, nominated by President George W. Bush to the Court of Appeals. Rod.
In the High Court, at least five of the six conservative judges, including three Trump-appointed judges, voted for the restart of the plan. With the court’s opaque handling of urgent appeals, judges do not always publicly explain how they vote.
© 2021 Canadian Press
