The Supreme Court on Thursday cleared the way for the Biden administration to repeal its “stay in Mexico” policy, a rule first introduced under former President Donald Trump that requires migrants arriving at the southern border to wait outside the United States for asylum. .
In a 5-4 opinion written by Chief Justice John Roberts, the Supreme Court rejected arguments that Republican-led state officials wanted to force the policy to continue, arguing that the decision to end it did not violate the 1996 Migrant Detention Act and that the second program’s suspension was reviewed by lower courts. had to be held.
Judges Sonia Sotomayor, Elena Kagan, Stephen Breyer and Brett Kavanaugh joined the Biden administration in the case known as Biden v. Texas. Judges Samuel Alito and Amy Coney Barrett presented separate dissenting opinions, which were joined by Judges Neil Gorsuch and Clarence Thomas.
According to him, in December, Roberts overturned the decision of the 5th Circuit Court of Appeals, which forced border officials to restore the rules of stay in Mexico, officially known as the Migrant Protection Protocols. Roberts said the 1996 law, which allows the program, does not require officials to return migrants to Mexico, but simply allows them to do so, noting that the law uses the word “let.”
If Congress had intended that the law would require asylum seekers to be returned to Mexico, Roberts writes, “it would not have led to an unexplained conclusion that contradicts the unequivocal, expressive term ‘may’.”
In opposition, Alito said he agreed with the majority of the court that the lower courts did not have the authority to order the Biden administration to restore Remain in Mexico, but listed a number of differences with Roberts’ decision. Alito said the administration did not have the authority to release a large number of migrants who did not return to Mexico.
In August 2021, a federal judge oversaw a lawsuit filed by Republican officials in Texas and MissouriThe Biden administration has found that a memorandum issued by National Security Alejandro Mayorkas in June to end politics in Mexico to revive the rest of the rules is legally flawed.
Trump-appointed U.S. Judge Matthew Kachsmarik called on the administration to implement the stay protocols in Mexico “in good faith” until it was properly repealed and the government built enough detention facilities to hold all migrants subject to the 1996 detention law.
In response, MajorcasA more comprehensive memo in October to try to end MPP policy for the second time. But Kachsmarik’s decision came later By the 5th Circuit, who refused to consider Majorca’s second termination memorandum.
Legal failures forced the Biden administration to revive the castle in Mexico in December, althoughThe program requires officials to ask if they fear persecution in Mexico before sending migrants there, offers coronavirus vaccines to registrants, and exempts some groups, including asylum seekers with serious medical conditions, the elderly, and members of the LGBT community from politics.
Since December, the Biden administration has implemented a limited-stay program in Mexico, with 7,259 migrants included in the program by the end of May, according to the government. According to DHS figures, US officials processed more than 1 million migrants along the southern border during the same period.
The Trump administration used MPP policies to repatriate 70,000 migrants to Mexico, many of whom lived in dilapidated camps near the U.S. border. Human rights activists have reported hundreds of attacks on migrants forced to wait in Mexico, including in areas where the U.S. government has warned Americans not to visit because of widespread crime and kidnapping.
The Trump administration has said the MPP is discouraging migrants seeking better economic opportunities to stay and work in the United States from using the asylum system. Sacrifice in Mexico.
Republican lawmakers have linked the unprecedented level of migrant arrests in the past year to the Biden administration’s decision to end its stay in Mexico and other border restrictions left over from the Trump era.
But Biden administration officials have claimed that the record border crossings are part of a regional displacement crisis in Latin America caused by pandemic-related economic instability, violence, corruption and natural disasters.
In May, U.S. Border Patrol agents detained 222,000 migrants along the Mexican border.. Its main body, the Customs and Border Guard, processed more than 1.5 million migrants in fiscal year 2022, which ends in late September.
Although the MPP used it sparingly after reviving its policy, the Biden administration relied on another Trump measure, known as Chapter 42, to expel hundreds of thousands of migrants quickly from the U.S.-Mexico border without allowing them to seek asylum.
As of March 2020, statistics from the U.S. Department of Homeland Security show that, according to Title 42, a public health authority during World War II, migrants were deported 2 million times to Mexico or their home countries.
The Biden administration tried to end Chapter 42 in May, citing improved pandemic conditions, but Republican-led states persuaded Louisiana’s federal governor to demand that the evictions continue. The judge appointed by Trump also said that the policy was stopped properly.
The Supreme Court says Biden could end the “stay in Mexico” rule for asylum seekers
Source link The Supreme Court says Biden could end the “stay in Mexico” rule for asylum seekers