TBA Law Blog


Posted by: Stacey Shrader Joslin on Dec 16, 2022

A federal judge in Texas yesterday ruled that the Biden administration wrongly ended a Trump-era policy to make asylum-seekers wait in Mexico for hearings in U.S. immigration court, the Associated Press reports. The move comes after the U.S. Supreme Court ruled 5-4 in June that Biden could end the policy but asked the lower court to determine whether the action was “arbitrary and capricious.” The judge said it was because the administration did not consider the benefits of the policy or the impact of unmeritorious asylum claims. The “Remain in Mexico” policy kept some 70,000 asylum-seekers out of the United States until President Joe Biden suspended it on his first day in office. The ruling comes as border agents and policymakers prepare for the end of another Trump-era immigration policy: the use of public-health rule Title 42 to limit asylum. That policy is set to expire on Dec. 21, NPR reports.