Remain in Mexico Policy: Joe Biden Gets Power To End Donald Trump-Era Rule

Donald Trump's controversial "Remain in Mexico" immigration policy may soon come to an end.The Supreme Court has now given President Joe Biden the green light to end the policy which experts deem as a human rights violation.

The rule forces non-Mexican citizens who try to enter the United States, even those seeking asylum, to go back to Mexico as their immigration proceedings happen. According to Justice For Immigrants, the law may be harmful to those seeking asylum as they are made to wait under dangerous circumstances. Many critics also argue that the policy is concerning from a due process perspective, as those immigrants and asylum seekers forced to wait in Mexico are without access to family, legal, or social support, making it more difficult for them to prove their claims that they need asylum in the U.S.

Supreme Court Voted 5-4 in Favor of Biden

The Supreme Court was the one to decide whether this policy had to stay or not, as the Justices voted 5-4 in favor of Biden's plan to scrap the policy. Two conservative judges voted alongside the three liberal judges for the decision. The two conservatives who voted in favor of Biden's agenda are Chief Justice John Roberts and the Trump-appointed Justice Brett Kavanaugh.

According to CNN, a coalition of red states has been challenging the Biden administration's bid to end the controversial policy, as they stated that Biden broke immigration law. They also argued that the Biden administration also violated the Administrative Procedure Act, which requires agencies to take procedural steps when implementing policy, which was something the Biden administration did not do when it tried to dismantle the controversial policy.

Chief Justice Robert's Opinion Released

With the new Supreme Court decision ruling in favor of Biden's plans, the lower courts must now examine whether Biden's memo trying to end the policy last October, complied with the Administrative Procedure Act.

In his concurring opinion, Chief Justice Roberts wrote that the government's authority to release some migrants is not "unbounded." He also noted that in immigration law, it required that parole be given on a "case-to-case basis." He added that under the APA, the DHS's "exercise of discretion within that statutory framework must be reasonable and reasonably explained."

The Chief Justice also said that the lower courts have erred in blocking Biden's attempt to terminate the controversial program, as he cited that an earlier court ruling has decided that lower courts could not grant class-wide orders which stopped immigration officials from carrying out certain policies.

This opinion suggests that lower courts will not have any authority to block Biden when he decides to terminate the program again. However, CNN reports that it is still not clear whether the administration can fully end the policy.

The policy has been criticized by human rights advocates, immigration rights advocates, and the Democratic party for its inhumane treatment of migrants and asylum seekers, pointing out the squalid conditions and dangerous environments that immigrants are forced to deal with as they wait for their cases to be heard.

The policy restarted last December after the lower courts blocked Biden's attempt to end the policy. Over 5,000 migrants have been returned to Mexico, according to the International Organization for Migration. The returned immigrants hailed from various Latin American countries such as Nicaragua, Cuba, Colombia, and Venezuela.

This article is owned by Latin Post.

Written by: Rick Martin

Watch: Supreme Court Allows Biden Administration To Shut Down Trump-era 'Remain in Mexico' Policy - NBC News