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Supreme Court Permits Biden's Administration to End Trump's Draconian 'Remain in Mexico" Program

Posted by Emmanuel Asiriuwa | Jun 30, 2022 | 0 Comments

The U.S. Supreme Court has permitted President Joe Biden's administration to end a Trump-era draconian Migrant Protection Protocols also known as “Remain in Mexico program” which forces asylum-seekers at the southern border to wait in Mexico while their case is adjudicated in a U.S. immigration court. This program ended a longstanding U.S. humanitarian immigration policy that allows asylum seekers to remain in the United States while their application is being processed.

In 2021, the Biden administration cancelled the “Remain in Mexico program” but a Texas Federal Court ordered the Biden administration to restart the program forcing asylum seekers to remain in Mexico while the court determine their case.

On June 30, 2022, The U.S. Supreme Court ruled that the Biden administration has the legal authority to end one of many Trump-era harsh immigration policies that forces asylum-seekers to wait in Mexico as their cases make their way through U.S. immigration courts. The decision will not only permit President Biden to finally end the “Remain in Mexico program” but it also holds that the original injunction ordering the administration to restore the program was procedurally invalid.

As a result of the June 30, 2022, Supreme Court ruling, the Department of Homeland Security Secretary Mayorkas's October 2021 memo terminating the program will go into effect. The Biden administration can now end the program in the short term while challenges to that renewed memo work their way through the courts.

In the short term, the decision likely means an end to Remain in Mexico program at the border. There are over 5000 asylum seekers currently in Mexico because of the Trump's administration draconian policy. The Supreme Court decision signals a temporary victory for those asylum seekers. However, litigation over the program will continue in Texas as to whether Mayorkas' memo was valid under the Administrative Procedure Act.

About the Author

Emmanuel Asiriuwa
Emmanuel Asiriuwa

Principal Attorney Emmanuel Asiriuwa is a dedicated and passionate U.S. immigration advocate whose goal is to make the American dream of every client a reality by helping them successfully navigate the complicated U.S. immigration system. Attorney Asiriuwa is a licensed attorney admitted in the State of Texas and licensed to practice U.S. immigration law in all 50 states in the United States. He also holds an active bar license in all 36 states of the Federal Republic of Nigeria with extensive experience in commercial law and civil litigation. Attorney Asiriuwa has been in active legal practice for over twelve years.

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