The U.S. Supreme Court previously decided that Biden could terminate the program, but the case is still awaiting its final resolution.
The policy was instituted by the Trump administration and continued under Biden as a measure to reduce the spread of COVID-19.
Shortly after he took office in January, President Biden ended work on former President Trump’s border wall system.
A federal judge in Amarillo ordered the restoration of the Migrant Protection Protocols, a decision that the U.S. Supreme Court upheld.
The U.S. government needs the cooperation of the Mexican government before it proceeds with reinstituting the Migrant Protection Protocols.
U.S. Customs and Border Protection reported record-setting numbers of illegal crossings in Fiscal Year 2021.
The justices said the Biden administration likely would not have been able to disprove that the cancelation was “arbitrary and capricious.”
Texas and Missouri both sued the Biden administration in April to prevent the termination of the Migrant Protection Protocols.
The lawsuit decries the effects of the federal government placing illegal aliens in “congregate settings.”
The states allege that the decision to end the Migrant Protection Protocols was “arbitrary and capricious.”
