(CNN) — The controversial immigration policy of the Donald Trump era known as the “Remain in Mexico” program was officially announced Thursday, December 20, 2018. After a time of uncertainty, now the Joe Biden administration can end it: the Supreme Court has allowed its termination.
The Biden administration had asked the Supreme Court to allow it to end that border policy, and this will test the White House’s ability to set immigration policy.
What is it about?
In 2018, Kirstjen Nielsen, who at the time was secretary of the Department of Homeland Security (DHS), announced that the United States had communicated to Mexico that people who entered the country illegally or who entered without the proper documentation and requesting asylum would be sent to Mexico to await the resolution of their immigration procedures in the US.
Asylum seekers from Guatemala, Honduras and El Salvador had to wait outside the United States until their immigration procedures were completed, according to DHS.
More details of Trump’s policy
In a nutshell, this policy forces migrants to remain in Mexico until the date of their hearing in US immigration court.
According to DHS, the migrants would first be returned to Mexico, then notified to appear in court and then allowed to enter the country to attend the hearing.
A DHS official said at the time that Mexico would continue to provide humanitarian aid to people waiting for their legal proceedings near the border.
What happened to the “Remain in Mexico” program with the arrival of Biden?
This policy faced various processes to be reversed in the Trump government. However, nothing could be done about it … until Biden became president.
Shortly after President Joe Biden took office on January 20, 2021, DHS suspended new enrollments in the MPP program.
Subsequently, Biden’s DHS began the process of gradually allowing asylum seekers previously subject to the “Remain in Mexico” program into the United States.
And it was on Thursday, June 1, that DHS Secretary Alejandro Mayorkas announced that the Biden administration was formally ending the Trump-era policy.
“I direct DHS staff to take all appropriate actions to end MPP, including taking all necessary steps to rescind implementation guidance and other directives or policy guidance issued to implement the program,” Mayorkas wrote in a memo.
Trump-era politics is back, but Biden wants (and now can) to end it
In April 2021, a few months before the formal termination of the program, Texas and Missouri they sued the US government to reinstate a program that had already been suspended since Biden’s start in the presidency.
This month, with the formal end of the MPP policyTrump-appointed District Judge Matthew Kacsmaryk said the Biden administration violated the Administrative Procedure Act (which requires government agencies to follow certain procedural steps when implementing policies) in the way it got rid of the program. “Remain in Mexico”, so he had to restore it.
So the Biden administration turned to the Supreme Court on Friday, August 20, 2021 after the US Court of Appeals for the Fifth Circuit said a day earlier that it would not stay District Judge Kacsmaryk’s order to revive the program.
This brings us to the decision of the US Supreme Court on Tuesday, August 24, in which it rejected the request of the Biden administration.
The Supreme Court of the United States gave President Joe Biden the green light on June 30 to end the controversial immigration policy known as “Remain in Mexico” or “Remain in Mexico”, originated under the Trump administration.
The case now returns to the lower court for additional proceedings surrounding Biden’s latest attempt to end the program. A hold on Biden’s attempt to end the program remains in place, but the June 30 ruling suggested that order should be lifted shortly.