Biden is asking the Supreme Court to hear the case on ‘Stay in Mexico’ policy

The Biden administration on Wednesday asked the Supreme Court to review its case with a view to ending the Trump-era “Stay in Mexico” policy.

Earlier this month, three Republican-appointed judges of the U.S. 5th Circuit Court rejected the White House’s appeal to allow a repeal of the Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” policy, and upheld a lower court decision on , that the Department of Homeland Security’s (DHS) termination of the policy under the Biden administration was incorrect.

Shortly after taking office, the Biden administration sought to end the MPP, but Texas and Missouri sued in an attempt to keep the policy in place, calling it a “common sense” approach to asylum law.

Immigration advocates, meanwhile, say the MPP is in violation of U.S. law as well as U.S. international obligations to give asylum seekers a safe place to wait while their applications are processed.

The 5th Circuit decision was written by Trump-appointed judge Andrew Oldham, who said DHS’s proposed approach to the policy was “as illegal as it is illogical.”

In its petition to the Supreme Court, the Ministry of Justice (DOJ) under the Biden administration said the Supreme Court should review this case as previous decisions to terminate the MPP were made on “misinterpretations” of federal laws – namely immigration and nationality law and administrative law.

The DOJ noted that the Court of Appeals ruled that the U.S. Code requires the DHS to maintain the “Stay in Mexico” policy. The DOJ argued that if this is correct, then all other administrations – including the Trump administration – have been in violation of federal law since 1997, when the specific part of that code came into force.

The DOJ further claimed that the lower court had erred in its decision that the DHS secretary Alejandro MayorkasAlejandro MayorkasTask force reunites 100 children with families separated under Trump Five Eyes nations warn of cyber threats from Apache vulnerability Hillicon Valley – Biden’s warning of misinformation MORE‘s decision earlier this year to dismiss the MPP had no legal effect. The department stated that Mayorkas had done “exactly” what he was supposed to do and the appellate court’s decision “overlooked the fundamental principles of the administrative court.”

“In short, the lower courts have ordered DHS to implement and enforce the short-lived and controversial MPP program forever. And they have done so despite decisions by the politically responsible Executive Branch that MPP is not the best tool for “to deter illegal migration; that the MPP exposes migrants to unacceptable risks; and that the MPP undermines the executive’s efforts in foreign relations to deal with regional migration,” the petition states.

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