In a petition for a writ of certiorari filed on Wednesday, the US Supreme Court has been asked to hear a case over the Trump-era Migrant Protection Protocols (MPP) policy, otherwise known as the “Remain in Mexico” policy, by the Biden administration which is seeking to end the policy.
According to immigration advocates, MPP is in violation of US statute as well as of its international obligations to offer asylum-seekers a safe place to wait while their applications are processed.
The Biden administration sought to end MPP Soon after assuming office, but calling the policy a common-sense approach to asylum law, Texas and Missouri sued in an effort to keep it in place.
After its attempt to end the program was rejected by the US Supreme Court, the Biden administration was ordered in August by a US federal court in the state of Texas to restart MPP.
According to Alberto Cabezas Talavero, UN International Organization for Migration’s spokesperson, more than 160 migrants have been returned to Mexico by the US authorities since the policy was officially reinstated on December 6.
Arguing that the previous decisions against ending MPP were based on erroneous interpretations of the Immigration and Nationality Act and the Administrative Procedure Act – both federal laws- the Department of Justice noted in its petition that the Supreme Court should review the case.
DOJ says that if the DHS is required to maintain the Remain in Mexico policy by the US code then all other US administrations were in violation of federal law since 1997 when the code in question went into effect.
The US 5th Circuit Court rejected earlier this month the White House’s appeal to allow an end to the MPP, siding with the lower court’s decision that Biden administration DHS’s termination of the policy was improper.
If the petition is granted and the Supreme Court decides to hear the case, it should order expedited briefing so the court can hear the case in its April sitting.
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