Did The Conservative Supreme Court Throw Liberals This Bone So They Stop Protesting Their Homes?

By Darren Nagel | Wednesday, 03 August 2022 05:15 AM
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On Monday, the U.S. Supreme Court approved a June 30 decree that would let the Biden Administration end former President Trump’s “Remain in Mexico” border policy.

Over a month ago, the nation’s highest court voted 5-4 in Biden v. Texas that the current administration can abolish the Migrant Protection Protocols, otherwise known as Trump’s “Remain in Mexico” border policy. The policy demanded asylum seekers and other migrants who arrive at the U.S. southern border to stay in Mexico while they awaited their immigration trial.

“…the 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 majority opinion. “We, therefore, reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion. On remand, the District Court should consider in the first instance whether the October 29 Memoranda comply with section 706 of the APA.”

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In 2021, President Joe Biden called for the ending of this policy but faced opposition from Missouri and Texas, which sued the president’s administration for violating the Administrative Procedure Act, which governs the procedure by which federal agencies develop and issue regulations. A lower court ordered the Biden administration to reimpose the policy last December.

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Roberts was joined by Justices Brett Kavanaugh, Sonia Sotomayer, Stephen Breyer, and Elena Kagan. Justices Clarence Thomas, Neil Gorsuch, Samuel Alito, and Amy Coney Barrett dissented.

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Department of Homeland Security says that around 70,000 migrants were subject to the policy until President Biden suspended it on his first day in office in January 2021. Since the court compelled Biden to reinstate the policy, nearly 5,800 migrants were subject from December to June, with many traveling from Nicaragua, Cuba, Columbia, and Venezuela.

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Advocates of the policy called it an adequate deterrent for illegal immigrants coming to the border claiming asylum. The program has been a net benefit since around 70,000 asylum-seekers have successfully passed through the program. In contrast, those seeking to enter the country illegally have been detained.

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The Associated Press reports the United Nations’ International Organization for Migration posted a sign at the Salvation Army migrant shelter in Tijuana, Mexico, last week that informed asylum seekers of the policy’s status.

“Wait for official information! The Remain in Mexico (MPP) program remains in effect. The United States government will inform you of any changes.”

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Aaron Reichlin-Melnick, policy director at the American Immigration Council, which advocates for immigrants, says MPP under Biden has been drastically reduced, in part because the Mexican government has placed wider limitations on who its country accepts through MPP. It should be on track to end.

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"Realistically ending a program which is only being allied to less than 1 percent of the people coming to the border is not going to have any major impact on the number of people coming to the US-Mexico border," he said.

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