SCOTUS to Hear Case Over Joe Biden Ending ‘Remain in Mexico’ Border Policy

The United States Supreme Court (SCOTUS) is scheduled to hear a case on Tuesday that will decide whether President Joe Biden illegally terminated the Migration Protection Protocols, known as former President Trump’s “Remain in Mexico” program.

In 2019, Trump instated the Remain in Mexico program that helped effectively eliminate the policy of Catch and Release at the U.S.-Mexico border. Rather than apprehending and releasing border crossers into the U.S. interior, the program required officials to return border crossers to Mexico while awaiting their asylum and immigration hearings in U.S. courts.

On June 1, 2021, Biden’s Department of Homeland Security (DHS) Secretary Alejandro Mayorkas issued a memorandum terminating Remain in Mexico. A district court then ruled that DHS violated federal immigration law when it terminated Remain in Mexico and that Mayorkas had not adequately detailed his reasoning for terminating the program.