Supreme Court Says Lower Court Ruling Upholding Trump’s ‘Remain In Mexico’ Policy Stays

Jordan Davidson reporting for The Federalist

The U.S. Supreme Court denied a request from the Biden administration to overturn a lower court ruling that requires the Democrat administration to keep former President Donald Trump’s “Remain in Mexico” policy.

Under the Trump-era program, illegal aliens awaiting pending immigration hearings in the United States are required to stay in Mexico until further notice. One of President Joe Biden’s first acts in office was to initiate a transition away from the policy, which was officially overlooked by the administration in June. It was shortly after that a federal court ruled against the Biden administration and said the bureaucrats had acted arbitrarily in stopping the Migrant Protection Protocols from the previous administration.

In the order announcing the high court’s refusal to back the current White House, the justices wrote that “the applicants have failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious.”

The order also said that leftist Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan would have granted the application.

“Our order denying the Government’s request for a stay of the District Court injunction should not be read as affecting the construction of that injunction by the Court of Appeals,” the order continued.

The Department of Homeland Security released a statement disagreeing with the order and pledged to continue fighting the migrant policy even though it said it will “comply with the order in good faith.”

“DHS has appealed the district court’s order and will continue to vigorously challenge it. As the appeal process continues, however, DHS will comply with the order in good faith. Alongside interagency partners, DHS has begun to engage with the Government of Mexico in diplomatic discussions surrounding the Migrant Protection Protocols (MPP),” the statement read. “DHS remains committed to building a safe, orderly, and humane immigration system that upholds our laws and values. DHS continues to process individuals in accordance with U.S. law and our mission. Pursuant to the CDC’s Title 42 public health order, DHS continues to expel single adults and families encountered at the Southwest Border.”