It’s not over yet. Just as we were given hope that Donald Trump’s border policies would be reinstated, the Supreme Court has stepped in to make matters complicated. After a suspension by President Biden, the US Supreme Court temporarily suspended a judicial decision ordering for the Trump administration’s ‘Remain in Mexico’ immigration policy to be reinstated.
Alito Ordered the Halt So Judges Would Have Time to Inspect the Documents
According to The Press Association, Justice Samuel Alito issued a preliminary stay that would last until Tuesday; this is so that either he or the other Supreme Court justices can examine the case’s documents. Alito’s injunction comes one day after the 5th Appeals Court in New Orleans dismissed the Biden administration’s effort to postpone the Trump-era plan’s reintroduction.
Supreme Court Justice Samuel Alito temporarily stayed a lower court ruling mandating the restart of Trump’s “remain in Mexico” program. W/ @lawrencehurley https://t.co/qDO3zHuN14
— Ted Hesson (@tedhesson) August 21, 2021
A federal judge in Texas agreed with the district attorneys of Texas and Missouri in a suit demanding the restoration of the ‘Remain in Mexico’ program.
Biden’s Decision to End Trump’s Policies is Illegal
District attorneys had claimed that the Biden government’s decision to stop the Trump-era program was illegal under the Administrative Procedures Act (APA). President Trump introduced and enhanced MPP in 2019; this involves sending immigrants back to Mexico, instead of releasing them in the United States while their asylum cases are already being reviewed.
#breaking: Supreme Court Justice Alito grants temporary stay until Tuesday in the MPP case. This allows the full court to consider the stay request. This is 💯the right move on the law and for the situation. Tiny exhale for now. But let's not forget what is at stake. /1
— Karen Tumlin (@KarenTumlin) August 21, 2021
The strategy led to courtroom tents being erected up along the frontier in areas including Laredo, Texas, wherein immigrants could momentarily enter for their proceedings before returning to Mexico, thanks to the collaboration with Mexico.
The Trump government claimed that the strategy halted “catch-and-release,” in which immigrants were let into the United States after being apprehended, which it considered as a significant draw factor for migrants heading north. Opponents said the strategy was inhumane and put immigrants through peril in camps on the other side of the border.
Shortly after taking office, the Biden government helped end the policy and began admitting individuals registered in MPP into the United States. It formally ended the project in June.
One for Humanity: Justice Alito granted Biden admin more time to fight off the reinstatement of a border policy it strongly denounced as ineffective and inhumane. Many migrants found themselves living in squalid encampments and dangerous border towns. https://t.co/wrWjTXhJPu
— @prairielive🏃🏼♀️#RESISTER🏃🏼♀️ #ONEV1🗳️ (@prairielive) August 21, 2021
Missouri and Texas sued the government, arguing that discontinuing the strategy was unconstitutional in the manner in which it was implemented. Both states also maintain that it affected both bordering and inland regions by promoting immigrants and thus exacerbating the border situation.
According to the suit, some of the immigrants freed would break laws in their home states, leading to a rise in human smuggling and increased prices for states in sectors such as education and health.
According to the ruling, the cancellation of MPP led to the existing crossing influx and DHS lawyers had admitted that much. The judge also found that border arrests increased from less than 80,000 in January to almost 173,000 in April when the complaint was filed. There have been more than 212,000 border interactions in July.