Joe Biden’s administration must revive the previous president’s immigration policy that requires thousands of asylum seekers to stay in Mexico until granted entry to the United States, three judges ruled on Aug. 24.
The U.S. Supreme Court upheld former President Donald Trump’s “stay in Mexico” policy, formally known as the Migrant Protection Protocols (MPP) program. This effectively overrules incumbent President Biden’s earlier decision to repeal the MPP and other strict Trump-era immigration policies.
Asylum seekers have to wait in Mexico for court hearings to determine whether their application is granted. They cannot wait in the United States as the Biden administration had promised.
Associate Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan slammed Biden for impulsively rescinding the MPP.
“The applicants have failed to show a likelihood of success on the claim that the memorandum rescinding the MPP was not arbitrary and capricious,” they said in the miscellaneous order.
The latest court decision also cited a 2020 ruling that stopped Trump from ending a program introduced by former President Barack Obama. That policy protected hundreds of thousands of undocumented immigrants, often called “Dreamers,” from being deported after entering the United States as children.
The three associate justices believe Trump’s and Biden’s attempts to strike down their predecessor’s policies did not followed the correct legal process.
However, other Supreme Court justices allowed the Biden administration to block U.S. Texas Northern District Judge Matthew Kacsmaryk’s ruling, which requires the federal government to revive Trump-era immigration policies.
“Our order denying the government’s request for a stay of the District Court injunction should not be read as affecting the construction of that injunction by the Court of Appeals,” they said in the miscellaneous order.
Biden’s case began when he first took office as president on Jan. 20. The Democrat implemented a series of measures, in response to questionable immigration pledges promised during his election campaign. This included seeking legal alternatives to make judges accept asylum applications including having children, finding legitimate work, and more.
Unfortunately, Biden’s immigration policies overwhelmed border checkpoints. Thousands of migrants tried to enter the United States each day, hoping for a new life.
Faced with a border crisis Texas, Missouri and other Republican-led conservative states challenged the president’s judgment.
Kacsmaryk ruled Trump’s policy must be reinstated, and the New Orleans-based 5th U.S. Circuit Court of Appeals denied the government’s request to delay in reviving the policy on Aug. 19. This is because suspending the policy “led to an increase in illegal immigration in Texas.”
Democrats and immigration advocates claim the MPP subjected migrants, mainly from Central America, to dangerous conditions in Mexican border cities.
The Trump administration cited a “humanitarian and security crisis” along the U.S.-Mexico border when it denied permits for asylum seekers to enter the United States for court hearings.