The Supreme Court has refused to block a lower court ruling that requires the government to reinstate former President Donald Trump’s “Remain-in-Mexico” policy.
The policy requires immigrants to stay in Mexico while they wait for their applications for asylum to be processed. U.S. District Judge Matthew Kacsmaryk, based in Texas, ordered the Biden administration to reinstate the policy.
He said the administration “failed to consider several critical factors” before putting a stop to the program. In a 6-3 vote, the Supreme Court ruled against the Biden administration’s efforts to end the program.
Justice Samuel Alito wrote, “The applicants have failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious.”
Justices Sonia Sotomayor, Elena Kagan and Stephen Breyer said they would grant the application.
BREAKING: The Supreme Court rules against the Biden administration in its attempt to end the "Remain in Mexico" program, a controversial Trump-era border policy. SCOTUS refuses to block a lower-court ruling that requires the gov't to reinstate the policy.
https://t.co/q2RFvRZ7wh pic.twitter.com/rliqBKxLDR— SCOTUSblog (@SCOTUSblog) August 24, 2021
According to an internal Department of Homeland Security memo obtained by CBS News, U.S. immigration officials were told to “reimplement” the policy at 12:01 a.m. Wednesday.
The Department of Homeland Security released a statement responding to the ruling.
“The Department of Homeland Security respectfully disagrees with the district court’s decision and regrets that the Supreme Court declined to issue a stay,” the statement reads.
It continues, “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.”
In January, the department announced it would stop new enrollments in the policy. The Biden administration formally ended the policy in June.
Homeland Security Secretary Alejandro Mayorkas said in a memo he has “determined that MPP does not adequately or sustainably enhance border management in such a way as to justify the program’s extensive operational burdens and other shortfalls. Over the course of the program, border encounters increased during certain periods and decreased during others.”
Court records show that by the end of 2020, the Trump administration had enrolled 68,000 people in the program.