The U.S. Supreme Court in August ruled that the Biden administration must enforce President Donald Trump’s “Remain in Mexico” policy, which allows the U.S. to withhold asylum from illegal aliens who’ve entered a different country first and failed to claim asylum there.
The policy, officially called Migrant Protections Protocol, will be enforced starting Monday.
A federal judge had ordered the Biden administration to enforce the policy in response to a lawsuit filed by border state Texas and Missouri. The high court agreed and ruled that the U.S. Department of Homeland Security could begin enforcing the asylum restriction nationwide while the case was still pending. The court contended that the Biden administration likely violated federal law by trying to end it. The government “failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious.”
President Joe Biden, who also suspended border wall construction, called the Remain in Mexico policy “inhumane.” From KFMB San Diego (emphasis added):
The court ruling said the program could only start back up again if Mexico agreed to participate, but immigration rights activists say more could’ve been done to avoid resuming it.
“We’re seeing an increasing program that will be brought in the Biden administration despite the fact that his administration has been against it,” said Rios.
The rules will come with some changes. The government will have to provide COVID-19 vaccines to migrants waiting for their hearing. It will have to ensure shelters are safe and secure. Make sure each case takes no longer than six months and provide better access to legal counsel.
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