Supreme Court upholds Texas judge's decision regarding the MPP

Texas judge’s decision on the MPP policy

Former President Trump and several members of his team openly stated on multiple occasions that asylum seekers usually take advantage of the local immigration system to live and work in the US for several months or even more than a year knowing that their immigration case will be denied for failure to meet eligibility requirements.

Thus, in the view of the previous administration, it was the federal government’s duty to restrict the entry of immigrants who had not been legitimately granted political asylum status by an immigration officer or an immigration judge.

To accomplish this goal, the Trump administration implemented in early 2019 a policy called MPP (Migrant Protection Protocols) or “Remain in Mexico”. Broadly speaking, this rule stated that asylum seekers must wait in Mexican territory until they receive a response to their immigration cases. Under this policy, both asylum seekers who arrived at authorized ports of entry and those who were apprehended by border forces were returned to Mexico almost immediately.

When President Biden took office in January 2021, one of his first actions was to suspend the MPP program and then, in June, his administration permanently rescinded this policy.

However, a Texas federal judge, who was appointed by former President Trump, ordered the Biden administration to reimplement the MPP rule in mid-August.

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Supreme Court upholds Texas judge’s decision regarding the MPP

As expected, the Biden administration appealed the MPP policy decision and the US Supreme Court paused the Texas judge’s order from Friday, August 20 through Tuesday, August 24, while it thoroughly analyzed the case.

On Tuesday, the Supreme Court upheld the Texas judge’s decision, which means that the Biden administration must revive the MPP policy and send asylum seekers back to Mexico while they receive an answer to their cases.

The Biden administration, through the DHS (Department of Homeland Security), stated that it is not satisfied with the Supreme Court’s verdict and will continue to appeal the case, but that, for now, it will follow the order and reimplement the “Remain in Mexico” program.

This fact is undoubtedly a setback for the Biden administration, which is trying to reform the entire immigration system and remove these kinds of policies that hinder the processes available for the most vulnerable immigrant communities.

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We understand that starting an immigration process requires constant dedication and expert help. Our team is highly qualified to guide you through your immigration journey in the US, so please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

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