On Wednesday, the President Biden Administration asked the U.S. Supreme Court whether it needed continue to implement a Donald Trump-time policy – Remain in Mexico – that has required thousands of migrants to wait in Mexico until the resolution of their US asylum cases.
Referring to ‘erroneous decisions’ by lower courts that mandated the revitalization of the border policy, government lawyers depicting the President Biden administration said the case should be immediately reviewed by the SC, influencing the conservative-leaning high court to hold oral opinions in April 2021.
At the center of the United States Justice Department’s request are two lower court rulings against the President Joe Biden administration’s efforts to terminate the Trump-time policy known as ‘Remain-in-Mexico,’ officially called the Migrant Protection Protocols (MPP).
New tonight — The Biden administration is asking the Supreme Court to review a court ruling that required the revival of the Trump-era Remain-in-Mexico border policy. The administration is asking the court to hear arguments during the current term.https://t.co/JwQrkVPBVE pic.twitter.com/lfCGxlWGkC
— Camilo Montoya-Galvez (@camiloreports) December 30, 2021
The Biden administration asked the justices in a court filing to choose whether Alejandro Mayorkas, the U.S. Secretary of Homeland Security, is mandated to implement an order issued during the Donald Trump government that forces thousands of asylum-seekers to remain in Mexico until their court dates. A federal Appellate court two times thwarted the administration’s efforts to terminate the policy.
Matthew Joseph Kacsmaryk, a United States Judge, an appointee of ex-US President Trump, ruled that Homeland Security Secretary didn’t effectively explain the termination of policy. In addition, he concluded the termination led America to violation of the law that governs the confinement of some migrants.
SC Denied Request to Pause Policy Implementation
Moreover, this month, the Biden administration said that it would resume the policy after it lost former court battles. The President suspended the policy on his first day in office on January 20, pending review, and Mayorkas proclaimed in June that the administration was formally terminating it. Missouri and Texas sued, and a U.S. federal judge ruled that the policy had to be restored. In August 2021, the SC denied the request of the Biden administration to pause the implementation of the policy.
Alejandro Mayorkas reissued a note to terminate the program in Oct. 2021, but a federal appellate court rejected the renewed attempt in December.
The U.S. Appeals Court wrote in a 117-page opinion that Homeland Security Department had come nowhere close to shouldering its substantial burden to show that it could make law in a vacuum.
Source: Web
But the conservative-leaning U.S. Court of Appeals for the 5th Cir. wasn’t convinced by that new memorandum, saying in its ruling on 13th December that merely by typing out the latest Word Document and putting it on the internet wasn’t enough.
Mr. Biden’s Department of Justice asked the SC whether it must continue enforcing the Remain in Mexico policy and whether the appellate court misjudged in concluding the new note had no lawful effect.
