Immigration & BorderJudicialLawsuit Over Trump’s Remain in Mexico Policy Will Be Heard at the U.S. Supreme Court in April

The remain in Mexico policy required many foreign individuals to stay on the Mexican side of the southern border while they waited for the outcomes of their claims for asylum.

Previously, the federal Fifth Circuit Court of Appeals blocked the U.S. Department of Homeland Security (DHS) from ending the remain in Mexico policy after DHS Secretary Alejandro Mayorkas authored a new memorandum in a second attempt to abolish the program. A ruling in August by federal Judge Matthew Kaczmaryk in Amarillo had stricken Mayorkas’ first memorandum ending the MPP.

The nation’s high court denied an appeal after Kaczmaryk’s decision. However, on February 18, the Supreme Court granted the administration’s petition for a chance to make its case that it should be allowed to end the remain in Mexico policy, which was first instituted by former President Trump in early 2019.

The issues at hand are whether Title 8 of the U.S. Code requires the federal government to implement the MPP and whether the Fifth Circuit was correct in its decision to invalidate Mayorkas’ second memorandum, which he published on October 21 of last year after DHS dragged its feet for months on complying with Kaczmaryk’s order.

Attorneys General Ken Paxton of Texas and Eric Schmitt of Missouri alleged that Mayorkas’ termination of the MPP violated the Administrative Procedure Act and other federal laws.

Oral arguments will take place before the May 24 Republican runoff between Paxton and his opponent, Land Commissioner George P. Bush.

Paxton has touted his lawsuits against Biden challenging the president’s unsuccessful efforts to substantially reduce illegal immigration. Bush also sued Biden over his decision to end construction of the federal border wall project.

A copy of the Supreme Court’s document detailing the questions presented in the appeal can be found below.