FederalImmigration & BorderIssuesUnited States Supreme Court Orders Biden Administration to Reinstate ‘Remain in Mexico’ Policy

The justices said the Biden administration likely would not have been able to disprove that the cancelation was “arbitrary and capricious.”
August 24, 2021
The Supreme Court of the United States has dealt the fatal blow to President Biden’s effort to cancel the Migrant Protection Protocols, which were instituted by former President Trump in January 2019.

“TEXAS WINS AGAIN – The Biden Administration continues to fail. The [U.S.] Supreme Court has ruled in our favor yet again. The Remain in Mexico policy must be implemented now,” the Office of the Texas Attorney General tweeted Tuesday night.

Specifically, the court denied a request to stay the decision of a federal judge in Amarillo who had earlier ordered the federal government to reinstate the protocols, also known as the “remain in Mexico” policy. The nation’s high court had blocked that ruling until Tuesday night before making its final decision whether to grant the stay.

The court found that the feds “failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious.”

Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan dissented from the decision and would have ruled in the Biden administration’s favor.

The Texan Tumbler

Referencing the extraordinary number of enforcement actions against illegal crossings as of late, Governor Greg Abbott also weighed in on social media.

“This halts Biden’s skirting of immigration laws & will reduce the record number of migrants entering illegally,” he wrote.

The lawsuit began in April when the State of Texas, led by Attorney General Ken Paxton, and the State of Missouri, led by Attorney General Eric Schmitt, sued the federal government to reinstate the policy.

When it was implemented, the United States Department of Homeland Security defined the policy as, “a U.S. Government action whereby certain foreign individuals entering or seeking admission to the U.S. from Mexico – illegally or without proper documentation – may be returned to Mexico and wait outside of the U.S. for the duration of their immigration proceedings, where Mexico will provide them with all appropriate humanitarian protections for the duration of their stay.”

A copy of the ruling can be found below.


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Hayden Sparks

Hayden Sparks is a senior reporter for The Texan and a lifelong resident of the Lone Star State. He has coached competitive speech and debate and has been involved in politics since a young age. One of Hayden's favorite quotes is by Sam Houston: "Texas has yet to learn submission to any oppression, come from what source it may."