Supreme Court Deals Blow To Biden on Trump-Era Remain In Mexico Policy

In a 6-3 ruling, the United States Supreme Court denied the Biden Administration’s request to stay a Texas district court ruling that requires the administration reinstate the Migrant Protection Protocols program. The controversial policy demands a standard that would obligate asylum seekers to await their court appearance in Mexico rather than the United States. Over 60,000 asylum seekers were obliged to await their court appearance outside the United States under the program. The conservative justices cited a similar request made by Trump to end the Obama-era Deferred Action for Childhood Arrivals Program. In that ruling, the court argued the administration didn’t follow the correct legal procedure to end the program thus reinstating the policy. 

Department of Justice Statement on Supreme Court Decision

The Department of Homeland Security issued a statement earlier in the week disagreeing with the Supreme court’s decision to reinstate the policy. “DHS has appealed the district court’s order and will continue to vigorously challenge it. As the appeal process continues, however, DHS will comply with the order in good faith.” The decision was met with criticism from immigration advocates and congressional Democrats who argue the revival of the program is inhumane considering the tens of thousands of asylum seekers who are legitimately fighting for the protections granted under U.S. asylum laws. 

In February, the Department of Homeland security ended the Migrant Protection Protocol program. Shortly after DHS began processing individuals who had returned to Mexico and had pending cases. In June, President Biden officially terminated the program but reaffirmed his commitment to processing eligible individuals who were enrolled in the MPP program. 

Earlier this month, Judge Matthew Kacsmaryk of the Northern District of Texas ruled the Biden administration violated the Administrative Procedure Act and ordered the administration reinstate the Trump-era policy. The Justice Department appealed the decision in the 5th circuit and requested a temporary stay which was denied. The administration has subsequently been ordered to implement the Kacsmaryk ruling. 

The Biden administration has been faltering on some fronts of their immigration initiatives. Recently, the administration decided to uphold a Trump-era rule that would allow border officials the opportunity to rapidly expel migrants at the border citing Covid-19 health concerns. Without sufficient facilities and processing delays, countless migrants would continue to be unable to seek asylum in the United States. The need for a considerable overhaul of our immigration apparatus is essential. 

To heighten worries for the Biden administration, the United States apprehended more immigrants in July than in nearly two decades. The high influx is tangled with the economic and political uncertainties of many countries in Central and South America. Unfortunately, the United States immigration system is incapable of processing each claim. 

What is the Migrant Protection Protocol or Remain in Mexico Policy?

The program was first established by President Trump in 2019 and would require a return of migrants back to Mexico while they await immigration court proceedings. 

Contact a Connecticut Immigration Law Firm

Undocumented immigrants in Connecticut must stay on top of their legal rights. Even as an undocumented immigrant you hold legal rights in the United States. Partnering with a qualified and skilled immigration attorney at The Law Offices of James A. Welcome can ensure that your rights are prioritized and upheld. If you are seeking to obtain Asylum in the United States, a qualified Connecticut immigration attorney will actively defend your interests and help guide you through legally claiming asylum in the United States. The asylum process like many other different types of immigration cases can be quite daunting and complex. If you choose to file for asylum on your own, you risk making errors and leaving out valuable information that would otherwise strengthen your application. By partnering with a knowledgeable immigration attorney you can rest knowing your case will be thoroughly reviewed and met with a careful understanding of immigration law. An attorney will be better able to assist you in answering your immigration questions and help ensure your case is as strong as possible. Don’t leave your case up to chance. An immigration attorney is worth the investment. 

Ready to take the next step in your immigration case? Our Connecticut immigration attorneys are ready to fight for justice and protect your rights as an undocumented immigrant. Our culturally diverse team speaks several languages to better assist you including English, Spanish, Mandarin, and Turkish. Contact our Connecticut Immigration Law Firm by reaching out to us via email at or by calling (203) 753-7300 for 24/7 support.