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Supreme Court agrees to consider repeal of 'Remain in Mexico' policy

The U.S. Supreme Court
Jacquelyn Martin
/
AP

The Supreme Court agreed Friday to consider a case that asks whether the Biden administration can repeal a Trump-era immigration policy.

The so-called "Remain in Mexico" policy, officially titled Migrant Protection Protocols, requires immigrants seeking asylum to stay in Mexico while they wait for an immigration judge to consider their application. Immigration advocates, including the American Immigration Council said Remain in Mexico is a dangerous policy for thousands of people seeking humanitarian aid.

This is not the Supreme Court's first run in with the legality of the Remain in Mexico policy. Shortly after the Trump administration announced it, a coalition of immigrant rights groups and states sued and a federal judge in California temporarily blocked the policy. However, the Supreme Court intervened and set aside the lower court's decision while the lower courts continued to consider the case.

After taking office, the Biden administration rescinded the policy. This time, Texas and Missouri sued, arguing that the attempted repeal was illegal and, even if it were not, the administration failed to follow proper procedures in its repeal. The lower federal courts agreed and blocked the Biden administration's move.

Last August, the administration asked the Supreme Court to set aside those rulings, but the court rejected the administration's plea, citing its 2020 decision blocking the Trump administration's appeal of the Deferred Action for Childhood Arrivals. At the time, the three liberals dissented.

The Supreme Court set the argument for mid-April, putting an exclamation point on what has already been a blockbuster term. A decision in the case is expected in June.

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Ryan Ellingson