TBA Law Blog


Posted by: Kate Prince on Aug 25, 2021

The U.S. Supreme Court yesterday chose not to intervene in a lower court’s ruling that revived the “Remain in Mexico” policy, an immigration measure from former President Donald Trump’s administration, The Hill reports. President Joe Biden had sought to block the reinstatement of the policy, which requires asylum-seekers at the southern border to stay in Mexico while their applications are processed. Justice Samuel Alito wrote in the order that Biden’s administration had failed to show it was likely to ultimately prevail in defending the lawfulness of its decision to rescind the Trump measure, officially called the Migrant Protection Protocols (MPP). The program was initially reinstated by a federal judge in Texas in response to a lawsuit from the attorneys general of Texas and Missouri. That decision was later upheld by the U.S. Court of Appeals for the 5th Circuit, prompting Biden’s emergency request to the justices.