Supreme Court halts reinstating ‘Remain in Mexico’ policy

Aug 20, 2021, 3:39 PM | Updated: Aug 22, 2021, 5:11 am
FILE - Migrants waiting to cross into the United States wait for news at the border crossing Wednes...

FILE - Migrants waiting to cross into the United States wait for news at the border crossing Wednesday, Feb. 17, 2021, in Tijuana, Mexico. A federal appellate court refused late Thursday, Aug. 19 to delay implementation of a judge’s order reinstating a Trump administration policy forcing thousands to wait in Mexico while seeking asylum in the U.S. President Joe Biden had suspended former President Donald Trump’s “Remain in Mexico” policy on his first day in office and the Department of Homeland Security said it was permanently terminating the program in June, according to the court record. (AP Photo/Elliot Spagat)

(AP Photo/Elliot Spagat)

WASHINGTON (AP) — The Supreme Court is temporarily halting a judge’s order that would have forced the government to reinstate a Trump administration policy forcing thousands to wait in Mexico while seeking asylum in the U.S.

Justice Samuel Alito issued the temporary stay late Friday night. It will remain in effect until Tuesday night so the high court can consider filings in the case.

A federal judge in Texas had previously ordered that the program, informally known as “Remain in Mexico,” be reinstated Saturday. The Biden administration appealed to the 5th U.S. Circuit Appeal in New Orleans and asked for a delay in re-implementing the program, pending appeal, but that was denied Thursday.

Formally known as the Migration Protection Protocols, the policy required tens of thousands of migrants seeking asylum in the U.S. to turn back to Mexico. It was meant to discourage asylum seekers but critics said it denied people the legal right to seek protection in the U.S. and forced them to wait in dangerous Mexican border cities.

The Texas judge, U.S. District Judge Judge Matthew J. Kacsmaryk, ordered that the program be reinstated in response to a lawsuit filed by the states of Texas and Missouri, whose governors have been seeking to reinstate some of the hardline anti-immigration policies of the Trump administration.

The Biden administration argued in briefs that the president has “clear authority to determine immigration policy” and that Homeland Security Secretary Alejandro Mayorkas had discretion in deciding whether to return asylum seekers to Mexico.

In its brief to the Supreme Court on Friday, the administration argued that the policy had been dormant for more than a year and that abruptly reinstating it “would prejudice the United States’ relations with vital regional partners, severely disrupt its operations at the southern border, and threaten to create a diplomatic and humanitarian crisis.”

The Trump administration largely stopped using the “Remain in Mexico” policy at the start of the pandemic, at which point it began turning back virtually everyone crossing the Southwest border under a different protocol — a public health order that remains in effect. The Biden administration said the pre-pandemic policy had been “largely dormant” for months even before the outbreak of COVID-19.

President Joe Biden suspended the program on his first day of office and the Homeland Security Department ended it in June.

Texas and Missouri argued that the Biden administration had not gone through proper administrative procedures in ending the policy, a legal argument that was repeatedly successful in some of the legal challenges brought against Trump administration immigration policies.

Kacsmaryk was nominated to the federal bench by Trump. The 5th Circuit panel that ruled Thursday night included two Trump nominees, Andrew Oldham and Cory Wilson, along with Jennifer Walker Elrod, nominated to the appeals court by President George W. Bush.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Heavy machinery moves coal as it is poured onto a stack near Muswellbrook in the Hunter Valley, Aus...
Associated Press

Australia rejects new coal mine on environmental grounds

CANBERRA, Australia (AP) — Australia has for the first time rejected a coal mining application based on environmental law. The government is under pressure to curb climate change by blocking all new coal and gas extraction projects. Australia is one of the world’s largest exporters of both fossil fuels, which are major sources of the […]
2 hours ago
Raqiya Abdsalam, who survived a bout of dengue fever, sits at her home in El-Obeid, Sudan on Januar...
Associated Press

Sudan’s tropical disease spike reflects poor health system

EL OBEID, Sudan (AP) — The two Sudanese women thought they had malaria and were taking their medication, but things took a dire turn. Both complained of a splitting headache and fever that didn’t respond to the anti-malaria treatment. By the time she was diagnosed with dengue fever, Raqiya Abdsalam was unconscious. “Soon after they […]
2 hours ago
FILE - Philippine President Ferdinand Marcos Jr. gestures during his speech at the 2022 Department ...
Associated Press

Japan, Philippines to sign plans to boost defense ties

TOKYO (AP) — Japan’s Prime Minister Fumio Kishida and Philippine President Ferdinand Marcos Jr. are expected to sign key agreements to boost their defense ties Thursday as Asia sees tensions around China’s growing influence. Marcos is visiting Japan soon after he and U.S. Secretary of Defense Lloyd Austin reached agreements on allowing the United States […]
1 day ago
A person walks in front of an electronic stock board showing Japan's Nikkei 225 index at a securiti...
Associated Press

Asian shares mixed after Wall St falls on rate hike worries

BANGKOK (AP) — Shares were mixed Thursday in Asia after Wall Street gave back some of its recent gains on persisting uncertainty over interest rates and inflation. Benchmarks declined in Tokyo, Seoul and Sydney but rose in Hong Kong and Shanghai. U.S. futures were higher while oil prices edged up. Wall Street retreated Wednesday following […]
1 day ago
FILE - The company logo highlights the grille of a 2021 Tacoma pickup truck on display in the Toyot...
Associated Press

Toyota reports 8% drop in Oct-Dec profit, keeps forecast

TOKYO (AP) — Toyota reported an 8.1% drop in fiscal third quarter profit Thursday, as a global shortage of computer chips and soaring raw material costs battering the auto industry hit Japan’s top automaker. Toyota Motor Corp.’s October-December profit totaled 727.9 billion yen ($5.6 billion), down from 791.7 billion yen the previous year. The company […]
1 day ago
FILE - Pennsylvania Lt. Gov. John Fetterman takes the stage at an election night party in Pittsburg...
Associated Press

Sen. John Fetterman hospitalized after feeling lightheaded

WASHINGTON (AP) — U.S. Sen. John Fetterman, the Pennsylvania Democrat who suffered a stroke during his campaign last year, was hospitalized Wednesday night after feeling lightheaded while attending a Senate Democratic retreat, his office said. Initial tests at George Washington University Hospital did not show evidence of a new stroke, Fetterman’s communications director, Joe Calvello, […]
1 day ago

Sponsored Articles

...
Quantum Fiber

How high-speed fiber internet edges out cable for everyday use

In a world where technology drives so much of our daily lives, a lack of high-speed internet can be a major issue.
...
Quantum Fiber

Stream 4K and more with powerful, high-speed fiber internet

Picking which streaming services to subscribe to are difficult choices, and there is no room for internet that cannot handle increased demands.
...
Quantum Fiber

How high-speed fiber internet can improve everyday life

Quantum Fiber supplies unlimited data with speeds up to 940 mbps, enough to share 4K videos with coworkers 20 times faster than a cable.
Supreme Court halts reinstating ‘Remain in Mexico’ policy