Wednesday, August 25, 2021

Supreme Court Rules in Favor of Texas, Biden Administration Must Reinstitute ‘Remain in Mexico’ Policy


Yesterday evening the U.S. Supreme Court ruled in favor of Texas in a lawsuit against the federal government.   [View pdf Here]  The outcome is a ruling requiring the Biden administration to reinstitute the “remain in Mexico” policy put into place during the Trump administration.  The policy requires asylum seekers to remain in Mexico while they await hearings in the United States.

The ruling was 6-3 with Sonia Sotomayor, Elena Kagan and Stephen Breyer dissenting from the majority opinion.  The ruling is a significant victory for Missouri and Texas, the two states who sued over Biden’s repeal of the policy and won a favorable ruling earlier this month requiring the Biden administration to return to the Trump-era policy.