US Supreme Court to Consider Overturning Trump’s Controversial “Remain in Mexico” Policy
Asylum seekers waiting for news of US policy changes at the border in Tijuana, Mexico on February 19, 2021. Photo: Gregory Bull / AP Photo
The US Supreme Court agreed on Friday to reconsider the legality of former President Trump’s “Remain in Mexico” immigration policy. The Migrant Protection Protocols policy, as it is formally known, has forced tens of thousands of migrants who are seeking asylum in the US to remain in Mexico whilst awaiting judgment on their claims.
The policy was designed to target migrants traveling through Mexico from a third country, with the original memo from then-Secretary of Homeland Security Kirstjen Nielsen referencing “irregular migration, smuggling, and trafficking with the goal of promoting human rights, economic development, and security.”
Since its enactment in early 2019, it is estimated that over 60,000 people have been subjected to the policy, with the shelters they are relegated to being the subject of widespread reports of unsanitary conditions, sexual assault, attacks and abductions. Additional safety and hygiene concerns have been raised in the wake of the coronavirus pandemic.
The issue was originally brought to court by Texas and Missouri, following President Biden’s decision to suspend the policy when he first took office in 2021. The Republican strongholds claimed suspension of the policy had brought them injury as a result of having to provide government services to immigrants arriving in the US. Judges for a District Court in Northern Texas and the Circuit Court of Appeals in New Orleans ruled in favor of maintaining the program, claiming it had to stay in place whilst the US lacked the resources to detain all migrants waiting for a hearing.
Initial pleas by the administration to overturn such rulings had been rejected by the Supreme Court, who cited its 2020 decision to block Trump’s attempt at repealing the Obama-era Deferred Action for Childhood Arrivals policy as precedent.
The US Supreme Court. Photo: Joshua Roberts / Reuters
In accordance with the court order, the White House reinstated the policy, attracting criticism from a coalition of almost 30 progressives in both the House and Senate. In a letter addressed to President Biden, Senator Bob Menendez (D-NJ) and Congresswoman Veronica Escobar (TX-16) claimed the administration “should re-terminate MPP with a fuller explanation in order to address any perceived procedural defect of the termination”.
As a result, the administration renewed its efforts to end “Remain in Mexico,” releasing a 38-page memorandum in which the Biden administration stated it was “committed to the twin goals of securing our borders and offering protection to those fleeing persecution and torture.” Current Homeland Security Secretary Alejandro N. Mayorkas is also referenced as saying that the documented fall in illegal crossings came with “substantial and unjustifiable human costs.”
Such actions by the administration attracted criticism from Republicans, who point out that illegal border crossings have skyrocketed in the year since President Biden was inaugurated. Elected officials have been joined by immigration advocates, however, in defending its decision to relax such restrictions on humanitarian grounds.
Having fast-tracked President Biden’s renewed appeal so “Remain in Mexico” can be reviewed before its term ends, the Supreme Court is scheduled to review the case this April and expected to release a decision in June.
At this time, the administration is not seeking to repeal another Trump-era policy, known as Title 42, that allows US border authorities to block appeals for asylum and expel migrants on account of the COVID-19 pandemic.