The Supreme Court of the United States on Tuesday (24) rejected a request by the government of President Joe Biden to suspend the reinstatement of an immigration program according to which asylum seekers in the country must remain in Mexico while their cases are analyzed by US authorities .
According to the Supreme Court decision, the petition failed to prove that the program termination memorandum informally known as “Stay in Mexico” – and put into practice during Donald Trump’s tenure (2017-2021) – was not “arbitrary and inconsistent “.
The Biden administration must now comply with the decision to reinstate the program, taken by a federal judge in Texas. However, the case will be taken to an appeals court and could be returned to the Supreme Court, where six of its nine members are conservatives.
On his first day at the White House, Biden suspended enrollment in the program, which was launched in January 2019 by Trump and through which the United States has sent more than 60,000 immigrants to Mexico who had illegally crossed the border. In the neighboring country, they wait even months for their asylum applications to be decided by US immigration judges.
Texas and Missouri asked for the program to return
In February, the Biden government began allowing migrants with open applications to enter the US, and in June the Department of Homeland Security (DHS) put a definitive end to the program, which was heavily criticized by human rights organizations.
On August 13, Federal Judge Matthew Kacsmaryk, appointed by Trump to his position in a Texas court, ruled in favor of the Texas and Missouri Attorneys General, who had sued the current federal government in April over the decision to terminate the program. .
Texas Attorney General Ken Paxton celebrated the Supreme Court’s decision on Twitter and said the program, whose official name is “Migrant Protection Protocols” (MPP), should be reinstated.
For his part, Omar Jadwat of the American Civil Liberties Union (ACLU) said the Biden government “was right to rescind” this immigration policy and that it should now “take all available measures to completely end this illegal program, including terminating it with a fuller explanation”.