Supreme Court hands Biden victory, allows end to ‘Remain in Mexico’ policy

The Supreme Court ruled Thursday in a 5-4 decision that the Biden administration can repeal the Trump administration’s Migrant Protection Protocols, commonly known as the “Remain in Mexico” policy, reversing a lower court ruling.

Under that policy, migrants seeking entry into the U.S. had to stay in Mexico as they awaited hearings. The Trump administration put the policy in place so that migrants would not be released into the U.S. The Biden administration had tried to repeal the policy but was previously blocked by a lower court. At issue was whether the Department of Homeland Security’s suspension and subsequent termination of the policy violated a federal law that requires that migrants be detained or, if they arrived from a contiguous country, sent back.

“[T]he Government’s rescission of MPP did not violate section 1225 of the INA, and the October 29 Memoranda did constitute final agency action,” Chief Justice John Roberts wrote in the Court’s opinion.

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