The Supreme Court on Tuesday rejected the Biden administration's request to put a hold on a lower court decision ordering to revive the Trump-era "Remain in Mexico" immigration policy.

According to Associated Press, the policy forces people to wait in Mexico while seeking asylum in the United States. It was suspended at the start of President Joe Biden's term and formally terminated months later.

The high court said the Biden administration likely violated federal law in its efforts to remove the Trump-era policy. The lower court ruling noted that the Biden administration must make a "good faith effort" to restart the program, formally called the Migrant Protection Protocols (MPP).

The Supreme Court did not offer much explanation for its action. However, it cited its opinion from last year in rejecting the Trump administration's attempt to end another immigration program called the Deferred Action for Childhood Arrivals (DACA).

The Supreme Court has decided at the time that ending DACA was "arbitrary and capricious," violating federal law. On Tuesday, the high court said in an unsigned order that the Biden administration has failed to show "a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious."

The three dissenting justices, Stephen Breyer, Sonia Sotomayor, and Elena Kagan, did not write an opinion to express their views of the case.

In a petition filed with the Supreme Court last week, the Biden administration said the order reviving the MPP program "would result in irreparable harm."

The Biden administration argued that the president has "clear authority to determine immigration policy." The administration added that Homeland Security Secretary Alejandro Mayorkas has the authority to decide whether to return these people seeking asylum to Mexico.

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The 'Remain in Mexico' Immigration Policy

Joe Biden has sought to reverse the immigration policy since taking office in January, Reuters reported. Democrats and immigration advocates said the MPP is subjecting migrants to dangerous conditions in Mexican border cities.

Omar Jadwat, a lawyer at the American Civil Liberties Union, noted that the Biden administration must take all steps available to fully end the "illegal program."

According to Mayorkas, the most obvious consequences, in this case, are whether thousands of asylum seekers will be forced to live without stable access to housing, income, and safety, Vox reported.

The MPP was implemented in early 2019. The Biden administration officially ended the program in June amid the migration influx.

DHS on the Supreme Court Ruling

The Department of Homeland Security (DHS) said it disagreed with the lower court's decision and "regrets that the Supreme Court declined to issue a stay." It added in its statement that it has appealed the district court's order and will continue to challenge it.

The department further noted that as the appeal process continues, it would comply with the order in good faith, Fox News reported. The DHS said it has started to engage with Mexico's government in diplomatic discussions surrounding the MPP. 

The policy has allowed sending back migrants to Mexico instead of releasing them into the U.S. as their asylum proceedings were heard. It has resulted in court tents being installed along the border of places like Laredo, Texas.

Last week, a federal judge in Texas ordered that the program be reinstated. Both the judge and the 5th U.S. Circuit Court of Appeals refused the Biden administration's request to put the order on hold.

When the Biden administration paused the policy, Missouri and Texas had filed a lawsuit against the administration. The states claimed that ending the policy was illegal in the way it was done. They further noted that it harmed both border states and the states deeper in the interior.

Missouri Attorney General Eric Schmitt said last month that they are hopeful for a favorable ruling since it was clear that the Biden administration did not consider anything relevant to how it was working.

READ MORE: U.S. President Joe Biden Officially Scraps Former President Donald Trump's Remain in Mexico Policy

This article is owned by Latin Post

Written by: Mary Webber

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