PanamaTimes

Sunday, Mar 03, 2024

US Supreme Court backs Biden bid to end Trump ‘remain in Mexico’ policy

US Supreme Court backs Biden bid to end Trump ‘remain in Mexico’ policy

The US Supreme Court on Thursday gave a major boost to President Joe Biden’s drive to end a hard-line immigration policy begun under his predecessor Donald Trump that forced tens of thousands of migrants to stay in Mexico to await US hearings on their asylum claims.
The justices, in a 5-4 ruling authored by Chief Justice John Roberts, overturned a lower court’s decision requiring Biden to restart Trump’s “remain in Mexico” policy after the Republican-led states of Texas and Missouri sued to maintain the program.

The ruling bolsters Biden as he pursues what he calls a more “humane” approach at the southern border even as Republicans blame him for what they portray as an immigration crisis.

The justices concluded that the New Orleans-based 5th US Circuit Court of Appeals erred in finding that federal immigration law required sending migrants back to Mexico so long as there was not enough space to detain them in the United States.

“The problem is that the statute does not say anything like that,” Roberts wrote, adding that the 5th Circuit’s decision also mistakenly imposed a “significant burden” upon the US government’s ability to conduct diplomatic relations with Mexico.

Trump’s administration adopted the policy, formally called the “Migrant Protection Protocols,” in 2018 in response to an increase in migration along the US-
Mexican border, changing longstanding US practice. It prevented certain non-Mexican migrants, including asylum seekers fearing persecution in their home countries, from being released into the United States to await immigration proceedings, instead returning them to Mexico.

Biden’s fellow Democrats and immigration advocates have criticized Trump’s policy, saying migrants stuck in Mexican border cities have faced kidnappings and other hazards.

Roberts was joined by fellow conservative Justice Brett Kavanaugh and the three liberal justices in the ruling. In dissent, Justice Samuel Alito — joined by fellow conservative Justices Clarence Thomas and Neil Gorsuch — said Congress never meant for the government to release immigrants and simply hope they “will show up for the hearing.”

The ruling also faulted the 5th Circuit for voiding the administration’s June 2021 decision to end Trump’s program. The 5th Circuit found that Biden’s administration had failed to properly explain its rescinding of Trump’s policy in violation of federal administrative law. But the Supreme Court found that the June 2021 decision was superseded by a new, more detailed one issued by the administration four months later.

Biden suspended the “remain in Mexico” policy in January 2021 shortly after taking office and acted to rescind it five months later. Roughly 68,000 people fell under the policy from the time it took effect in 2019 until Biden suspended it.

At issue in the case was the meaning of a provision of a 1996 US immigration law that stated that US officials “may return” certain immigrants to Mexican territory pending immigration proceedings. Texas and Missouri have said this provision must be used because the United States lacks detention space for migrants. Biden’s administration said the provision was clearly discretionary.

For migrants not posing a security risk, immigration law separately allows their release into the United States for humanitarian reasons or “significant public benefit” pending a hearing, a practice officials have followed for decades.

Kavanaugh, in a concurring opinion, said that every president since the late 1990s has allowed immigrants into the United States to await their proceedings.

Texas Governor Greg Abbott, a Republican, criticized the ruling, saying it “will only embolden the Biden administration’s open border policies.”
Immigrant rights groups called the ruling a victory.

“The US for generations has been a refuge for those fleeing danger and persecution,” said Marielena Hincapié, executive director of the National Immigration Law Center, urging Biden’s administration to “move swiftly to permanently end every facet of the human rights disaster that is ‘remain in Mexico.’“

The number of migrants caught crossing the US-Mexico border has reached record highs recently. Republicans contend that the “remain in Mexico” policy effectively deterred unlawful migration.

After a judge ruled in favor of Texas and Missouri, reinstating the program, the Supreme Court last August refused the Biden administration’s request to block that decision while it appealed. The 5th Circuit ruled in December that because the government lacks the capacity to detain all migrants eligible for admission pending a hearing, it must maintain “remain in Mexico.”

Thursday’s decision came on the final day of rulings for the court’s current nine-month term.
Newsletter

Related Articles

PanamaTimes
0:00
0:00
Close
Apple warns against drying iPhones with rice
In a recent High Court hearing, the U.S. argued that Julian Assange endangered lives by releasing classified information.
Global Law Enforcement Dismantles Lockbit Ransomware Operation
Russian opposition leader Alexey Navalny has died at the Arctic prison colony
The President of Argentina Javier Mile does not fly private, he flies commercial, with the citizens he represents. And they LOVE him for it.
Bitcoin Reaches $50,000 for First Time in Over Two Years
Belo Horizonte: Brazil's Rising Carnival Hotspot for 2024
In El Salvador, the 'Trump of Latin America' stuns the world with a speech slamming woke policing after winning a landslide election
Tucker’s interview with Putin is over 50M views on X within the first 5 hours.
Finnish Airline, Finnair, is voluntarily weighing passengers to better estimate flight cargo weight
President Nayib Bukele has proudly announced El Salvador's remarkable achievement of becoming the safest nation in the Western Hemisphere.
Former Chilean President Sebastian Piñera Dies in Helicopter Crash
This farmer seems to understand science a bit more than the event organizer, Klaus Schwab.
Facebook turns 20: From Mark Zuckerberg's dormitory to a $1trn company
The Coolest Dictator in the World" on the Path to Victory in El Salvador
Macron, France and fake news
Indian-Origin Man 'King' Arrested For Smuggling $16 Million Drugs Into US
Can someone teach Americans that not every person with slanted eyes is Chinese?
Europe's Farmers Feeding the People, Protesting Against Politicians Who Do Nothing for Their Country and Serve Only Themselves at Taxpayers' Expense
Paris Restaurant That Inspired 'Ratatouille' Loses $1.6 Million Worth Of Wine
Brazilian Police Investigate Bolsonaro's Son for Alleged Illegal Spying
Police in Brazil Raid Residence of Bolsonaro Associate Over Allegations of Illegal Spying
Border Dispute Escalates as Texas Governor Vows Increased Razor Wire
OpenAI Enhances ChatGPT-4 Model, Potentially Addressing AI "Laziness" Issue
The NSA finally acknowledges spying on Americans by acquiring sensitive data
Report Reveals Toxic Telegram Group Generating X-Rated AI-Generated Fake Images of Taylor Swift
US Border Patrol States 'No Plans' to Remove Razor Wire Installed in Texas
Bitcoin Experiences Approximately 20% Decline in Value
Klaus Schwab recently appointed himself as the Earth's "trustee of the future."
DeSantis Drops Out, Endorses Trump.
Nikki Haley said former President Trump is "just not at the same level" of mental fitness as he was while president in 2016.
Residents of a southern Mexican town set the government palace on fire in response to the police killing of a young man
Samsung Launches AI-Driven Galaxy S24, Ushering in New Smartphone Era
Judge Questions SEC's Regulatory Overreach in Coinbase Lawsuit
The Ecuador prosecutor who was investigating the television studio attack, has been assassinated.
Is artificial intelligence the solution to cyber security threats?
Vivek Ramaswamy suspends his US election campaign and endorses Trump.
Viral Satire: A Staged Satirical Clip Mistaken as Real Footage from the 2024 World Economic Forum in Davos
The AI Revolution in the Workforce: CEOs at Davos Predict Major Job Cuts in 2024
Ecuador Reports 178 Hostages in Prison Gang Standoff
The Startling Cuban Espionage Case That Has Rattled the US Government
Two Armed Men in Ecuador, Dressed as Batman and The Joker Storm the Streets.
Armed Gang Raids Ecuadorian TV Station Following State of Emergency Declaration
Anti-Democratic Canada: Journalist Arrested for Questioning Canadian Finance Minister on Support of Terrorist Group
Ecuador's 'Most-Wanted' Criminal Vanishes from Prison
Mexican Cartel Supplied Wi-Fi to Locals Under Threat of Fatal Consequences for Non-Compliance
Border Surge Leads to Over 11,000 Migrants Waiting in Northern Mexico
Outsider Candidates Triumph in Latin American Elections
As Argentina Goes to the Polls, Will the Proposal to Replace the Peso with the Dollar Secure Votes?
Fatal Shark Attack Claims Life of Boston Woman Paddleboarding Near Bahamas Resort, According to Police
×