Supreme Court Allows ‘Remain in Mexico’ Rule to Remain in Place


In the 13 months it has been in place, the government said, 60,000 migrants have been sent back into Mexico to await their US asylum hearings, part of an effort to limit access to the United States and deter people from attempting the journey north.

USA officials also say MPP has played a critical role in stopping last year's border surge, by denying migrants a foothold in the U.S.

The court's decision overturns a 9th Circuit Court of Appeals injunction against the policy covering the entire U.S. -Mexico border. A year ago the Supreme Court sided with the Trump administration on a similar border issue, clearing the way for the enforcement of a new rule that requires any non-Mexican claiming asylum at the southwest border to first seek asylum in one of the countries he or she passed through en route to the United States.

Wednesday's order is another example of the justices siding with the Trump administration's request to quash a lower court's injunction against one of its policies, and comes after Sotomayor blasted the practice last month. For more, go here.

Almost 60,000 people have been sent back to Mexico to await the result of their cases in often volatile border cities where they're vulnerable to kidnapping, rape, theft and other crimes while living in unsanitary settings.

The supreme court action is the latest instance of the justices siding with the administration to allow Trump's immigration policies to continue after lower courts had moved to halt them. Practically speaking, this means that the government will be allowed to implement the so-called Migrant Protection Protocols for the foreseeable future.

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The lawsuit, Innovation Law Lab v Wolf, is brought by eleven individual plaintiffs, Innovation Law Lab, Central American Resource Center of Northern California, Centro Legal de la Raza, the University of San Francisco School of Law Immigration and Deportation Defense Clinic, Al Otro Lado, and the Tahirih Justice Center.

Some 60,000 migrants have been returned to Mexico under the program.

The American Civil Liberties Union denounced the Supreme Court order.

Judge Ferdinand F. Fernandez, a President George H.W. Bush appointee, dissented, arguing that the panel should have adhered to a prior appeals court decision that allowed MPP to take effect.

"Asylum-seekers face grave danger and irreversible harm every day this depraved policy remains in effect", Rabinovitz stated.

To stem the flow of migrants, administration lawyers seized on one provision in a 1996 immigration law that said the attorney general "may return the alien" to "a foreign territory contiguous to the United States" to await a hearing there.