Supreme Court allows “Remain in Mexico” policy to be reinstated

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  • The Supreme Court rejected Biden administration’s request and ruled that it could not suspend the “Remain in Mexico” policy.
  • Now, asylum seekers will have to wait on Mexican soil while their case is resolved in the United States.
  • A conservative majority of the Supreme Court indicated that the applicants had not been able to demonstrate that stopping the program had not been something “arbitrary and capricious.”

The Supreme Court of the United States allows the “Remain in Mexico” policy to be reinstated, this policy was implemented since Trumo’s mandate and it forces the undocumented to wait in the neighboring country for a response to their immigration procedures.

This Tuesday, the Supreme Court rejected Biden administration’s request and ruled that it could not suspend the “Remain in Mexico” policy, so asylum seekers must wait on Mexican soil while their case is resolved in the United States.

Supreme Court allows the “Wait in Mexico” program to be reinstated

Supreme Court allows program to be reinstated "Wait in Mexico"
Photo: AP

For now, the court has called for the controversial immigration policy to be reinstated, forcing immigrants to wait in Mexico and the Biden government will have to comply. Still, all is not lost, as the case will now go to the appeals court and could even return to the Supreme Court.

On this occasion, a conservative majority in the Supreme Court indicated that the applicants had failed to demonstrate that stopping the program had not been something “arbitrary and capricious.” Thus, in an unsigned order, they denied the Biden administration’s request.

Refuse aid for immigrants

Supreme Court allows program to be reinstated "Wait in Mexico"
Families waiting to cross the bridge. Photo: SinFronteras

In counterpart to that conservative majority of the Supreme Court, judges Stephen Breyer, Sonia Sotomayor and Elena Kagan, more liberal, were in favor of the administration keeping the program suspended. USA Today. Their votes were not enough.

This ruling comes after the Biden government asked the Supreme Court to review the decision of the Fifth Circuit Court of Appeals in New Orleans, as it would have ruled that the “Wait in Mexico” policy was unduly stopped.

For and against the measure

Supreme Court allows program to be reinstated "Wait in Mexico"
Photo: AP

The “Wait in Mexico” immigration policy, which was implemented during Trump’s term, has had detractors and defenders. In favor of this measure are the Republican attorneys general of Texas and Missouri, who filed a lawsuit in April with the intention of reinstating the program.

Instead, the Biden administration defends its decision to suspend this policy arguing that restarting the program would create a “diplomatic and humanitarian crisis” and they continue the legal fight to stop the program.

Biden government proposes measure that will benefit undocumented immigrants seeking asylum

foreign
Photo: archive

Meanwhile, the administration of President Joe Biden has proposed a measure that will benefit undocumented immigrants seeking asylum. With this action they intend to alleviate the number of backlogged applications, just as more and more applicants arrive at the southern border of the country.

Last week they presented a change in the process to request asylum in USA. If the proposal is approved, then decisions on border asylum cases handled by immigration courts will go to officials trained to evaluate and decide on these types of petitions.

Biden government proposes measure that will benefit undocumented immigrants seeking asylum

Photo: AP

Andrew Selee, president of the Immigration Policy Institute (MPI), explained that “while this seems simply like a technical change in the process, the plan will help preserve asylum as a fundamental element in the US immigration system.”

With this proposal, asylum seekers whose petition is approved “will have the right to that asylum, suspension of deportation”; while those who are denied will have the opportunity to file an appeal with an immigration judge.

USCIS will be in charge of asylum applications

Biden government proposes measure that will benefit undocumented immigrants seeking asylum
Photo: AP

This initiative, presented by the Department of Homeland Security and the Department of Justice, proposes that the decision on these asylum cases be handled by officials of the Citizenship and Immigration Service (USCIS).

“These changes are intended to improve the ability to consider asylum requests made by individuals found on or near the border, in a way that is more effective in ensuring fundamental justice,” the joint statement from both departments indicates.

Change the process to cover more

Biden government proposes measure that will benefit undocumented immigrants seeking asylum
Photo: AP

The proposal basically presents the idea of ​​changing the process in asylum procedures to be able to cover more applications. “It’s both straightforward and potentially a game changer,” said Doris Meissner, former director of the Immigration and Naturalization Service.

Meissner says this “promises a fundamental shift in ensuring meaningful humanitarian protection for those who qualify for asylum, and border control that enables safe, legal and orderly migration at the border with Mexico,” Meissner added.

What is missing for it to be approved?

Photo: AP

It is still a proposal and since it involves regulation without legislative backing, it needs a 60-day period open for public comment. Those 60 days, before a final proposal is formulated, begin this Tuesday, August 18.

According to the independent Transactional Records Access Clearinghouse (TRAC) of Syracuse University in New York, the immigration courts accumulated 1,382,463 backlogs as of July. Supreme Court allows the “Wait in Mexico” program to be reinstated.

The post Supreme Court allows the “Wait in Mexico” program to be reinstated appeared first on Hispanic World.