Yesterday, the United States Supreme Court ordered the Biden Administration to reinstate the Migrant Protection Protocols (aka Remain in Mexico), an effective asylum policy first implemented under the Trump Administration to deal with the 2019 border surge.
The Supreme Court wrote an unsigned order stating the Biden Administration failed to show that its actions in rescinding the program were not "arbitrary and capricious."
In its order, SCOTUS cited a similar opinion from 2020 where the Court stated that the Trump Administration acted arbitrarily and capriciously in ending the Deferred Action for Childhood Arrivals (DACA) program, thus violating the Administrative Procedures Act.
In January, President Biden suspended the MPP program. Still, it wasn't until June that DHS officially terminating the program, telling employees in an official memo it would no longer be enforcing the program.
Texas and Missouri's Attorneys General immediately stood up for the American people and sued the Biden Administration arguing that DHS Secretary Mayorkas failed to provide any justification for ending the program.
U.S. District Judge Matthew Kacsmaryk from the Northern District of Texas then ordered the Biden administration to revive the program staying his ruling until Aug. 21 to provide time for appeal. On Aug. 19, a panel for the U.S. 5th Circuit Court of Appeals rejected the Administration's argument on appeal, finding that ending the program "has caused an increase in unlawful immigration in Texas."
The federal government then filed an emergency motion to the Supreme Court requesting a stay. Justice Alito granted the Federal Government's request and blocked the reinstatement of the policy to allow the Biden Admin. to file additional documents.
The court finally declined to intervene. The order noted that Associate Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan would have granted the Biden administration's request.
DHS Secretary Alejandro Mayorkas issued a statement following the order from the Supreme Court, stating:
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).
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