The U.S. Supreme Court has upheld a lower court's ruling that puts the "remain in Mexico" policy back into place for people who arrive at the border seeking asylum. A federal judge in Texas ruled the policy should remain in place earlier this month.
"The US Supreme Court ruled for TX - again. SCOTUS said Remain in Mexico policy must be implemented now!" Texas Attorney General Ken Paxton tweeted.
Paxton and the Missouri attorney general sued to block the Biden Administration from reversing a Trump Administration policy ordering people seeking asylum to remain in Mexico while awaiting hearings.
The U.S. Supreme Court ruled 6-3 to uphold the U.S. District Court judge's decision allowing "Remain in Mexico" to go back into effect.
"It was disappointing," says Kate Melloy Goettel, Legal Director of Litigation at the American Immigration Council. "We are worried about the 'Remain in Mexico' program going back into effect. It was a humanitarian disaster the first time around. We had hoped it would be history. Unfortunately with yesterday's ruling, it's going to go back into effect, at least temporarily."
Goettel says she hopes the Biden Administration will appeal.
"We hope this will withstand judicial scrutiny, and we hope there will be some serious efforts made to the lawful processing of asylum seekers at the border," she says.
With asylum seekers required to stay in Mexico, Goettel says they are being forced to stay in "squalid" camps, and they are at risk of drug cartel violence.
"It sends asylum-seekers back to Northern Mexico, one of the most violent parts of the world," she says. "We are sending them back there to live in tent camps, some are homeless, living in temporary shelters. It's a very precarious situation."
Goettel says asylum seekers are trying to escape violence and persecution.
"We have domestic and international obligations to process them, let them into our country and to get some degree of due-process in order to determine whether they do qualify for asylum," she says. "'Remain in Mexico' turned our domestic and international obligations on their head."
The Department of Homeland Security says it "respectfully disagrees" with the Supreme Court's ruling but "will comply with the order in good faith.
"The Department of Homeland Security respectfully disagrees with the district court’s decision and regrets that the Supreme Court declined to issue a stay. 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. Alongside interagency partners, DHS has begun to engage with the Government of Mexico in diplomatic discussions surrounding the Migrant Protection Protocols (MPP). DHS remains committed to building a safe, orderly, and humane immigration system that upholds our laws and values. DHS continues to process individuals in accordance with U.S. law and our mission. Pursuant to the CDC’s Title 42 public health order, DHS continues to expel single adults and families encountered at the Southwest Border," the agency wrote in a statement.
Wednesday afternoon, Governor Greg Abbott celebrated the decision, calling the ruling "a major victory for our state, our nation, and for the safety and security of our communities."
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"Texas will continue to fight back against President Biden’s disastrous open-border policies while working to secure the border and keep our communities safe," Abbott says.
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