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SCOTUS Delivers Blow to ‘Remain in Mexico,’ But Court Battle Continues

by John Binder


The Supreme Court of the United States (SCOTUS) ruled that President Joe Biden’s administration can end the Migration Protection Protocols (MPP), commonly known as the “Remain in Mexico” program, but is sending a key part of the case back to a lower court.

In a 5-4 decision, SCOTUS ruled that the Biden administration did not violate the Immigration and Nationality Act (INA) when it sought to end the Remain in Mexico program, which was first imposed by former President Trump’s administration.

The Remain in Mexico program allows the Department of Homeland Security (DHS) to quickly return border crossers to Mexico while they await their asylum and immigration hearings in the United States — effectively eliminating the practice commonly known as “Catch and Release.”

A district court and a court of appeals had both previously held that the Biden administration violated the INA when it sought to end Remain in Mexico. The district court also held that the administration violated the Administrative Procedure Act (APA)…


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