Following months of legal action, the Supreme Court found the Biden Administration has the authority to end the previous administration’s policy requiring immigrants to remain in their home country while awaiting proceedings. The policy, referred to as ‘Remain in Mexico’ was put in effect by President Trump in 2019.

Prior to the Trump policy, no previous administration enacted a policy toward non-Mexican asylum-seekers requiring them to stay in Mexico awaiting their court proceedings.

At the start of the Biden administration, efforts have been underway to end the Migrant Protection Protocols (MPP), the legal name of the policy. However, a group of largely Republican states challenged the efforts claiming to end the policy was against immigration law. They stated the administration did not comply with the Administrative Procedure Act. That Act requires that specific procedural steps are taken when implementing policies.

Challengers of the MPP policy claim it is inhumane, exposing asylum seekers to further danger.

As border crossing numbers rise, particularly after the COVID pandemic, border authorities have seen over one million migrants along the southern border. Many were turned away under separate pandemic rules. The Department of Homeland Security (DHS) states the human cost of the MPP policy is a steep and ineffective use of resources.

The MPP policy caused further issues. While enacted, Congress did not provide sufficient resources to maintain detention facilities for those detained. Mexico did not agree to the policy and did not provide resources for those waiting at the border.

The legal discussion started the day Biden took office. DHS Mayorkas formally canceled the policy in June of 2020. A federal judge in Texas blocked that memo in August of that year. The Supreme Court, upon agreeing to hear the matter, did not stop the MPP policy while the matter was being considered. This Supreme Court ruling gives the Biden administration the authority to end the policy, effective immediately.

If you have questions about the MPP policy or any other immigration-related issue, contact us at ILBSG. We actively monitor policy updates to ensure our clients get the right advice.

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