Supreme Court To Hear Case Challenging Biden’s Attempt To Reverse Trump’s “Remain In Mexico” Border Policy

The Supreme Court announced Friday that it would take up Biden v. Texas. Joe Biden’s White House has attempted to reverse the Trump Administration’s “Remain in Mexico” policy for immigrants making claims for asylum inside the US.

The order states that the court will hear oral arguments in April, with a decision expected before the end of the court’s current term in June. According to federal law, the justices will decide whether the Biden Administration has sufficiently justified its attempt to end the program. The Department of Homeland Security was successfully challenged by two Republican-led states in federal trial and appellate courts leading up to Friday’s Supreme Court order.

Biden has been pressing to unwind Remain in Mexico as he has worked on an immigration policy that would make it easier for migrants on public assistance to get green cards.

The Remain in Mexico policy formally called the Migrant Protection Protocols (MPP), requires migrants who claim asylum to wait in Mexico for their court appearances in federal court.

Texas and Missouri are the two states that challenged Biden in court, arguing that the Administration did not correctly follow the federal Administrative Procedures Act when it failed to justify the decision to reverse the MPP legally.

In upholding a federal trial judge’s order, the US Fifth Circuit Court of Appeals found that the Biden Administration did not adequately consider whether ending MPP would harm border states that incur greater costs because of illegal immigration. In enacting MPP, the Trump Administration agreed to consult the border states before any changes to the program. The Biden Administration has argued that it is under no obligation to honor that commitment.

The appeals court also found that the Biden Administration should have considered changes to MPP short of completely discarding the program.

The Biden Administration has argued that Texas and Missouri are interfering with foreign policy, which it says is the sole province of the federal government’s executive branch.

The decision in the case is likely to come just as the midterm election cycle is heating up concerning Joe Biden’s open borders immigration policies.