Thursday, May 2, 2024

It’s Over: SCOTUS Certifies Ruling Officially Ending Trump’s ‘Remain in Mexico’ Policy

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On Monday, the U.S. certified a ruling which rescinded the 's Migrant Protection Protocols border policy.

On June 30th, the Supreme Court ruled 5-4 in Biden v. Texas that the administration may end the Trump-era Migrant Protection Protocols, commonly referred to as the “” policy. The policy required asylum seekers who arrive at the U.S. border to remain in Mexico while they awaited their immigration trial.

The Trump administration first enacted the policy in 2019 to avoid the exploitation of America's asylum policies and help discourage fake asylum claims.

“We have implemented an unprecedented action that will address the urgent humanitarian and security crisis at the Southern border. This humanitarian approach will help to end the exploitation of our generous immigration laws. The Migrant Protection Protocols represent a methodical commonsense approach, exercising long-standing statutory authority to help address the crisis at our Southern border,” Secretary of Homeland Security Kirstjen M. Nielsen said at the time.

However, pro-immigration groups have argued the Remain in Mexico policy placed an unfair burden on migrants. Shortly after the 2020 election, President Biden declared he would rescind the policy which has become a contributing factor to the ongoing crisis facing the U.S.-Mexico border however the administration was met with a series of legal hurdles.

On his first day in office, President Biden ordered an end to the policy which triggered litigation from Missouri and Texas. The two states argued the president's administration violated the Administrative Procedure Act which governs the process by which federal agencies develop and issue regulations. Last December, a lower court ordered the to reinstate the policy.

“…the Government's rescission of 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.”

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.

The U.S. Customs and Border Protection's June Operational Report recorded a record number of 207,416 encounters at the U.S.-Mexico border, including a record amount of terrorist sightings. June marked the fourth consecutive month of more than 200,000 encounters.

With June's figures, there have now been 1,746,119 total encounters at the southern border in the 2022 fiscal year. 

Nancy Jackson
Nancy Jackson
Nancy grew up in the South where her passion for politics first began. After getting her BA in journalism from Ole Miss she became an arts and culture writer for Athens Magazine where she enjoyed reporting on the eclectic music and art scene in Athens, GA. However, her desire to report on issues and policies impacting everyday Americans won out and she packed her bags for Washington, DC. Now, she splits her time between the Nation’s Capital and Philadelphia where she covers the fast-paced environment of politics, business, and news. In her off time, you can find Nancy exploring museums or enjoying brunch with friends.

14 COMMENTS

  1. Why on earth would the SCOTUS allow our country to be flooded by illegals with their so called asylum claims. The way these left wing democrats seem to think is that everybody has a right to come to this country, with no controls or restrictions. Is it any wonder this country has gotten so screwed up? We have citizens that need just as much help as these phony illegals, why don’t the democrats try taking care of them first?

  2. Keep sending the illegal up to Washington and let them worry about all this crime they are bringing and helping to destroy our company. The White House has plenty of rooms available.

  3. Ok, now I can see why the SCOTUS has to go. That F’ing Kavanagh has been nothing but a disappointment. Of course the others who voted in favor of this were just doing their duty to the party. Kavanagh sucks.

  4. And there you see the real unsupreme justices helping this illegitimate administration flood this country with their new voting bloc. It is all 1 big dog & pony show people. There is only 1 way this will end.

  5. How about the burden that you’re placing on the citizens of America! I can’t believe this, everybody and their friends are going to be given asylum here. Just have to fill out an online form and come on over, even if your in Yemen. That’s The newest plan to expedite the demise of America.

  6. this is disgusting immoral disgraceful that even these judges can’t force Our Constitution as Written to be in followed against an Treasonous Traitor’s illegal administration that our federal marshals can and should arrest everyone of then in Biden’s administration congress rinos, all are Traitor’s

  7. I am the angriest at Brett Kavanagh who should know better. Roberts is a Rino and those on the left are just voting their party. The Supreme Court doesn’t seem to mean much anymore. It’s political like everything else.

  8. The Supreme Court has just undercut the national sovereignty with this ruling. We are no longer a sovereign nation with the right to secure our own borders.

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