Supreme Court Sits on Asylum Seekers’ Case in Mexico

The Biden presidency is pursuing approval from the Supreme Court to halt a contentious Trump-era immigration practice.

This practice requires certain immigrants seeking asylum in the United States to wait in Mexico while their cases are being heard in the United States.

Court records note the administration’s appeal of lower-court orders will be heard on Tuesday.

Missouri and Texas

It has been claimed the program assisted in reducing the flow of individuals entering the United States at the southern border of Texas and Missouri, which filed a lawsuit to maintain the program.

“Many people file frivolous immigration applications, including asylum cases, with the expectation of being allowed to enter the United States,” the states argued briefly to the Supreme Court.

When President Trump started the Migrant Protection Protocols program in 2019, a major part of efforts to stop asylum seekers, around 70,000 people signed up for the program.

President Biden stopped it on his first day in office.

Secretary of Homeland Security Alejandro Mayorkas said it would be phased out by June 2021. In October, the Department of Homeland Security (DHS) made more arguments for ending the policy, but the courts didn’t believe them.

By the end of March, only 3,000 migrants joined, even though authorities held approximately 750,000 migrants at the border when they stopped about 700,000 migrants.

The crux of the legal battle is whether the initiative is subjective and can be terminated, as the administration contends, or whether it is the only way to conform with what states contend is a congressional directive not to discharge immigrants into America.

Texas and Missouri say because there aren’t any good detention centers in the United States, the administration has no choice but to keep immigrants in Mexico until their asylum hearings can be held.

The Title 42 Factor

Furthermore, the two parties dispute whether how the administration ended the program conforms to a federal regulation that requires agencies to obey laws and provide explanations for their decisions.

Those made to wait in Mexico frequently report they are afraid in the violent Mexican border cities. It is extremely difficult to get attorneys to represent them at their asylum hearings.

The administration has the support of Democratic-led states and liberal organizations. Texas and Missouri received support from Republican-led states and conservative organizations.

America First Legal Foundation, which is run by two former Trump advisers, Stephen Miller and Mark Meadows, is also on the list. This group is focused on protecting the Constitution.

Meanwhile, as the Supreme Court considers the asylum policy, the Biden administration is set to reverse another significant Trump-era border regulation. 

This regulation was enacted in response to the coronavirus outbreak. It gives authorities the power to deport migrants without allowing them to request refuge.

The decision to terminate Title 42 jurisdiction, which was established by a 1944 public health statute, on May 23 is being challenged in court by 22 states; there is significant dissent within President Biden’s Democrat Party.