The Biden administrator is asking the Supreme Court to review the ‘Stay in Mexico’ ruling

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The Biden administration on Wednesday asked the Supreme Court whether it is necessary to continue the Trump-era policy that requires asylum seekers at the U.S. southern border to wait in Mexico until their cases are processed.

Established by the Trump administration in January 2019, “Stay in Mexico’s policy, or the Migrant Protection Protocols (MPP), returned migrants to Mexico to await asylum hearings instead of retaining them in the United States.

A police officer stands guard during a demonstration of victims of gun violence in front of the Supreme Court as arguments begin in a major gun rights case on November 3, 2021 in Washington, DC (Photo by Joshua Roberts / Getty Images)

A police officer stands guard during a demonstration of victims of gun violence in front of the Supreme Court as arguments begin in a major gun rights case on November 3, 2021 in Washington, DC (Photo by Joshua Roberts / Getty Images)

The Trump administration at the time presented the policy as an important part of its efforts to stop “catch-and-drop” and stem the flow of illegal immigration. Critics of the policy claim that the policy was cruel and put migrants at risk of violence and exploitation in Mexico.

Migrants attempting to cross into the United States from Mexico are detained by U.S. Customs and Border Protection at the border on August 15, 2021 in San Luis, Arizona.

Migrants attempting to cross into the United States from Mexico are detained by U.S. Customs and Border Protection at the border on August 15, 2021 in San Luis, Arizona.
(Nick Ut / Getty Images)

BIDEN ADMINISTRATION AGREES WITH MEXICO ON RE-IMPLEMENTING THE TRUMP ERA’S POLICY TO STAY IN MEXICO

President Biden campaigned against the MPP and tried to get rid of it after his inauguration, but his attempt was blocked by a federal court after Texas and Missouri sued.

Secretary of Homeland Security Alejandro Mayorka speaks at a news conference at The National Press Club in Washington on Thursday, September 9, 2021.

Secretary of Homeland Security Alejandro Mayorka speaks at a news conference at The National Press Club in Washington on Thursday, September 9, 2021.
(AP Photo / Jose Luis Magana)

Secretary for Homeland Security, Alejandro Mayorkas issued a note to formally end the program in October, and DHS stressed to reporters at the time its position “that MPP has endemic flaws, incurred unjustified human costs, drew resources and staff away from other priority efforts, and failed to address the root causes of irregular migration.”

PLEASE RESTART TRUMP ‘MATTERS IN MEXICO’ POLITICS ‘AS SOON AS POSSIBLE’

Earlier this month, the 5th Circuit Court of Appeals ruled that the MPP should be reinstated and that the DHS memo had no legal effect.

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In its Wednesday request, the Ministry of Justice asked the Supreme Court to clarify whether it should continue to implement the policy and whether the Court of Appeal erred in concluding that the note had no legal effect.

Fox News’ Adam Shaw contributed to this report.

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