The Supreme Court of the United States (SCOTUS) denied an appeal from President Joe Biden’s Department of Justice (DOJ) to halt the Migrant Protection Protocols (MPP) program while a lawsuit brought by Texas and Missouri makes its way through the courts.
On Tuesday evening, in a 6-3 decision, SCOTUS issued an order denying DOJ’s request for the Court to issue a stay that would block the re-implementation of MPP, commonly known as “Remain in Mexico,” while the case plays out in the courts — a process that could take years.
Liberal Justices Breyer, Kagan, and Sotomayor dissented without comment.
BREAKING: The Supreme Court rules against the Biden administration in its attempt to end the "Remain in Mexico" program, a controversial Trump-era border policy. SCOTUS refuses to block a lower-court ruling that requires the gov't to reinstate the policy.
— SCOTUSblog (@SCOTUSblog) August 24, 2021
This follows the Fifth Circuit Court of Appeals ruling, 3-0 last week, that Trump’s Migration Protection Protocols policy must be reinstated by the Biden administration. Justice Samuel Alito then issued a temporary, pausing reinstatement until the Biden administration’s appeal was heard.
Joe Biden suspended the “Remain in Mexico” policy during his first day in office, arguing that it was cruel to migrants. The Department of Homeland Security announced that it was permanently terminating the program in June.
The decision comes as border crossings hit an all-time high. Over 2 million illegals are expected to cross the U.S.-Mexico border in 2021.
Missouri and Texas sued the Biden administration, arguing that ending the policy was illegal and harmful to states as it would lead to migrants committing crimes in their states, human trafficking, and higher costs of education and health care.