The Biden administration can now end Trump’s “Remain in Mexico” policy after the Supreme Court ruled the Department of Homeland Security’s October 29 memo was the final say on the matter.
The ruling led by Chief Justice John Roberts was a 5-4 decision and argued that the “Remain In Mexico” Policy or Migrant Protection Protocols was the executive branch’s right to manage and change as they see fit. This means Biden can now alter our border policy at whim under our immigration laws.
“[T]he Government’s rescission of MPP did not violate section 1225 of the INA, and the October 29 Memoranda did constitute final agency action,” Chief Justice John Roberts wrote in his opinion.
The Trump-era policy said that migrants seeking entry into the US had to remain in Mexico until their scheduled hearings in the US. They were transported across the border when their hearing came. It kept overall immigration down from immigrants that did not have a legitimate claim to enter the United States.
President Biden paused the order after he took office in January of 2021. The Department of Homeland Security officially ended it in June of the same year.
Previously, a lower federal judge overruled the administration and said it did not have “input from Congress, no ordinary rule making procedures and no judicial review.”
Justice Samuel Alito, Neil Gorsuch and Clarence Thomas contended that the government cannot release migrants into America if they are not eligible to enter.
This is a win for Biden’s administration from the Court and allows for them to rescind Trump’s policy. This means that if Republicans want to reform immigration, they will need to pass it through Congress and the Senate. This is just another landmark ruling by the Supreme Court. Do you think this was a good decision by them?