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The Supreme Court ruled on Tuesday that the Biden administration must revive a Trump-era program that forced thousands of asylum seekers to wait in Mexico.
The “Stay in Mexico” program, more officially known as the Migrant Protection Protocols (MPP), has forced more than 71,000 immigrants and asylum seekers to wait in Mexico while a US judge rules on their cases . Immigrants, some of whom lived in apartments, shelters or squalid camps, were forced to wait in dangerous Mexican border towns where they were easy targets for cartels and criminals. Human Rights First has documented at least 1,544 public reports of killings, rapes and other attacks against people in the MPP.
In an order, the Supreme Court refused to block a lower court ruling that required the government to revive the Stay in Mexico policy. The Biden administration had asked the Supreme Court to stay the decision while it appealed the order of US District Judge Matthew J. Kacsmaryk to reinstate the program on August 13.
The Biden administration appealed the decision, but the 5th Circuit on Thursday rejected the government’s request to suspend the order.
The government then turned to the Supreme Court and requested a stay, which Judge Samuel Alito granted on Friday while the court decided what to do with Biden’s request.
“This forces the government to abruptly reinstate a broad and controversial immigration law enforcement program that was formally suspended for seven months and largely inactive for almost nine months previously,” the Biden administration said in his file.
But the Supreme Court said on Tuesday that the administration “has shown no likelihood of success on the claim that the memorandum repealing migrant protection protocols was not arbitrary and capricious.”
It’s unclear how Remain’s recovery in Mexico would play out on the ground. The Trump administration, which launched the policy in January 2019, stopped enrolling people in the program for the rapid deportation of immigrants at the border without even having the opportunity to seek asylum last March. The administration cited the pandemic when it invoked an obscure public health law, Title 42, to quickly return immigrants to Mexico or their countries of origin.
Asylum officers received an email Tuesday evening saying the agency was taking steps to reimplement and enforce the MPP in good faith. He also said the agency was working with the State Department and the Mexican government needed to ensure the “rapid reapplication” of Remain in Mexico.
“As with the initial implementation of the program, reimplementation is based on the approval of the Government of Mexico and the reestablishment of the appropriate infrastructure, processes and systems and capabilities,” email from Andrew Davidson, manager asylum at US Citizenship and Immigration. Services, states. Once these are completed, DHS will coordinate and resume the process of returning MPP registrants to Mexico, the email added.
Starting Wednesday, DHS is also to stop treating people who were previously in the MPP, according to the email.
President Joe Biden shocked immigrant advocates when he decided to also cite the pandemic and expand the Trump-era border expulsion policy on August 2. The government, however, has not used Title 42 on children crossing the border without their parents.
During the election campaign, Biden vowed to end the Stay in Mexico policy; as president, he began allowing immigrants previously enrolled in the program to enter the United States.
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