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Supreme Court upholds order keeping ‘Remain in Mexico’ policy in place

The Supreme Court Tuesday declined the Biden administration’s request to block a lower court order keeping the Trump administration’s “Remain in Mexico” policy for asylum-seekers in place.

The unsigned order stated that the Biden White House failed to show that its move to end the program, which required asylum claimants to wait in Mexico until their case could be heard in a US immigration court, was not “arbitrary and capricious.” The court used similar rhetoric last year in rejecting the Trump administration’s attempt to end the Obama-era Deferred Action for Childhood Arrivals (DACA) program.

The order noted that the high court’s so-called “liberal wing” — consisting of Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor — would have granted the administration’s stay request.

US District Judge Matthew Kacsmaryk in Amarillo had issued a nationwide injunction Aug. 13 ordering that the “Remain in Mexico” program — officially known as the Migrant Protection Protocols (MPP) program — be reinstated effective Aug. 21. The Fifth Circuit Court of Appeals denied the Biden administration’s initial appeal Aug. 19, but Supreme Court Justice Samuel Alito granted a temporary stay the following day so that the full court could consider the matter.

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