SCOTUS may punt on deciding the fate of Trump’s signature immigration policy

Jennie Taer, DCNF

The Supreme Court is questioning whether it has the authority to consider the fate of “Remain in Mexico,” a Trump-era immigration policy, in an ongoing lawsuit against the Biden administration.

Texas Attorney General Ken Paxton sued the Biden administration in April 2021 over its repeal of the policy, arguing that reinstating “Remain in Mexico” would stem the flow of illegal migration and help burdened state and federal agencies. The high court requested supplemental briefs from both the Biden administration and the state of Texas Monday to address several questions, namely whether the Supreme Court even has jurisdiction to decide the case.

The Supreme Court asked that Texas and the Biden administration address in their briefs “whether this Court has jurisdiction to consider the merits of the questions presented in this case.

The “Remain in Mexico” policy, which is formally known as the Migrant Protection Protocols (MPP), requires certain non-Mexican migrants to await asylum proceedings in Mexico. One day after entering office, President Joe Biden repealed the order responsible for sending thousands of migrants back to Mexico after he called it “dangerous” and “inhumane.”

A federal judge later ordered the administration to reinstate it and the program resumed in December 2021. However, the Biden administration is still fighting the policy while complying with the court order.

“On October 29, 2021, Secretary Mayorkas issued a new memorandum announcing and explaining his decision to terminate the program.  This Administration, however, remains under a court order requiring it to reimplement MPP in good faith, which it will abide by even as it continues to vigorously contest the ruling,” DHS said in a statement on the judge’s decision.

Neither the White House nor DHS responded to requests for comment. Paxton’s office also didn’t respond.

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