While the Supreme Court has been delivering some amazing cases — overturning Roe V. Wade, ensuring religious liberty, and now, curtailing the power of the executive branch with its EPA decision — there was another case that came out on Thursday that didn’t go the way that conservatives might have hoped and unfortunately is going to be a big problem for the country.
That’s the decision on the “Remain in Mexico” policy that President Donald Trump had implemented and that Joe Biden has been trying to overturn.
On Thursday, the Supreme Court ruled that the Biden Administration can repeal that policy, known formally as “Migrant Protection Protocols” in a 5-4 decision written by Chief Justice John Roberts. Justice Brett Kavanaugh and three other liberal justices joined him. Justices Thomas and Alito, Gorsuch, as well as Barrett, dissented.
In order to await the result of their asylum hearings, illegal aliens were required to be allowed to stay in Mexico. It helped curb the flow of illegal immigrants entering and leaving the United States. Joe Biden immediately wanted to end the policy when he came in. However, the Supreme Court had previously prevented him from doing so.
Fox News
At issue was whether the Department of Homeland Security’s suspension and subsequent termination of the policy violated a federal law that requires that migrants be detained or, if they arrived from a contiguous country, sent back.
Eight U.S.C. is the key statute. Section 1225, part of which says someone applying for admission “shall be detained for a proceeding” unless they are “clearly and beyond a doubt entitled to be admitted,” and part of which says if they are from a contiguous territory like Mexico, “the Attorney General may return the alien to that territory” as they await a hearing.
Texas and Missouri argue that it is impossible to keep everyone detained.
However, the Court is remanding the case for further proceedings to consider one of the Biden administration’s attempts at ending the program.
That appears to be a big win for the Biden Administration and it’s going to make the immigration situation that much worse. We’ve already seen the situation is out of control and this will just add to it.
It will be difficult for Biden, however to say that the Court acts in a partisan way when they make decisions such as this. Biden attacked the Court on Thursday when he was overseas at the NATO summit in Madrid calling their abortion decision “outrageous.”
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