The Supreme Court of the United States authorized President Joe Biden on Thursday to end the Stay in Mexico program, introduced by Donald Trump and under which asylum seekers are sent back to await the resolution of their cases across the border.
By a narrow majority of five to four, the justices ruled that ending this policy does not violate immigration law.
The court ruling is excellent news for Biden’s immigration policy, which was on the ropes, and an oxygen balloon after several political setbacks due to the latest Supreme Court rulings on abortion, carrying weapons or fighting against climate change.
The US government asked the Court to review the judicial ruling issued in December by an appeals court that ordered it to maintain the Migrant Protection Protocols (known as “Stay in Mexico” or MPP) introduced by his predecessor, Republican Donald Trump, in 2019.
Chief Justice John Roberts, along with conservative Brett Kavanaugh and the three liberal justices, ruled that federal immigration law grants discretion to the executive branch, meaning that it may or may not expel asylum seekers.
Roberts, author of the majority opinion, argued that the regulations establish that “in the event that a foreigner” arrives from a territory contiguous to the United States, he “can be returned” while waiting for his immigration procedure to be resolved.
This “clearly confers discretionary authority,” he says, insisting that the court “has repeatedly noted” that “the word ‘may’ clearly connotes discretion.”
As soon as he arrived at the White House, Biden suspended the immigration plan Stay in Mexico but a judge in a court in the state of Texas (south) ordered that it be restored “in good faith”.
On December 6, the United States partially reactivated the program, after having consulted with Mexico, to comply with that order, while continuing with an appeal filed before the court of appeal, which upheld the district court.
The Supreme Court of the United States authorized President Joe Biden on Thursday to end the Stay in Mexico program, introduced by Donald Trump and under which asylum seekers are sent back to await the resolution of their cases across the border.
By a narrow majority of five to four, the justices ruled that ending this policy does not violate immigration law.
The court ruling is excellent news for Biden’s immigration policy, which was on the ropes, and an oxygen balloon after several political setbacks due to the latest Supreme Court rulings on abortion, carrying weapons or fighting against climate change.
The US government asked the Court to review the judicial ruling issued in December by an appeals court that ordered it to maintain the Migrant Protection Protocols (known as “Stay in Mexico” or MPP) introduced by his predecessor, Republican Donald Trump, in 2019.
Chief Justice John Roberts, along with conservative Brett Kavanaugh and the three liberal justices, ruled that federal immigration law grants discretion to the executive branch, meaning that it may or may not expel asylum seekers.
Roberts, author of the majority opinion, argued that the regulations establish that “in the event that a foreigner” arrives from a territory contiguous to the United States, he “can be returned” while waiting for his immigration procedure to be resolved.
This “clearly confers discretionary authority,” he says, insisting that the court “has repeatedly noted” that “the word ‘may’ clearly connotes discretion.”
As soon as he arrived at the White House, Biden suspended the immigration plan Stay in Mexico but a judge in a court in the state of Texas (south) ordered that it be restored “in good faith”.
On December 6, the United States partially reactivated the program, after having consulted with Mexico, to comply with that order, while continuing with an appeal filed before the court of appeal, which upheld the district court.
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