Both the Biden administration and two states opposing it in high-stakes litigation told the Supreme Court that it has the power to decide the central legal questions in a case about the Trump-era “Remain in Mexico” program that requires non-Mexican asylum-seekers arriving at the southern border to wait in Mexico for processing.
Texas and Missouri argue in Biden v. Texas, court file 21-954, that President Joe Biden is breaking the law by ending the program.
Upon assuming office, Biden cut off enrollments in the program, part of the Migrant Protection Protocols (MPP) created by Congress when Bill Clinton was president. The Trump administration had announced in 2018 that it would enforce the dormant program in order to curtail the practice known as catch-and-release, in which individuals would make fraudulent asylum claims knowing they would be let into the United States and be able to stay for years before their court appearance.
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