Migrants waiting to cross into the United States wait for news at the border crossing Wednesday, Feb. 17, 2021, in Tijuana, Mexico. A federal appellate court refused late Thursday, Aug. 19 to delay implementation of a judge’s order reinstating a Trump administration policy forcing thousands to wait in Mexico while seeking asylum in the U.S. President Joe Biden had suspended former President Donald Trump’s “Remain in Mexico” policy on his first day in office and the Department of Homeland Security said it was permanently terminating the program in June, according to the court record.
WASHINGTON — The Supreme Court on Tuesday refused to block a court ruling ordering the Biden administration to reinstate a Trump-era policy that forces people to wait in Mexico while seeking asylum in the U.S.
With the three liberal justices in dissent, the court said the administration likely violated federal law in its efforts to rescind the program informally known as Remain in Mexico.
It’s not clear how many people will be affected and how quickly. Under the lower court ruling, the administration must make a “good faith effort” to restart the program.
There also is nothing preventing the administration from trying again to end the program, formally called Migrant Protection Protocols.
A federal judge in Texas had previously ordered that the program be reinstated last week. Both he and the 5th U.S. Circuit Court of Appeals refused the administration’s request to put the ruling on hold.
Justice Samuel Alito ordered a brief delay to allow the full court time to consider the administration’s appeal to keep the ruling on hold while the case continues to make its way through the courts.
Read More: Supreme Court orders ‘Remain in Mexico’ policy reinstated
