A week after hearing oral arguments in two states’ challenge to President Joe Biden’s push to dissolve the Trump-era “Remain in Mexico” program that requires non-Mexican asylum-seekers arriving at the southern border to wait in Mexico for processing, the Supreme Court asked both sides to provide more briefing on its remedial powers.
Texas and Missouri argue that Biden is breaking the law by ending the program.
The case is Biden v. Texas, court file 21-954, an appeal from the U.S. Court of Appeals for the 5th Circuit. The Supreme Court’s hearing on the case was on April 26.
Upon assuming office, Biden halted enrollments in the program, part of the Migrant Protection Protocols (MPP) created by Congress when Bill Clinton was president to discourage individuals from making fraudulent asylum claims. The Trump administration announced in December 2018 that it would enforce the dormant program in order to curtail the practice known as catch-and-release, in which individuals made 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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