Supreme Court Grants Biden Victory Over Remain-In-Mexico Asylum Rule

The Supreme Court ruled in favor of the Biden administration on Thursday, which sought to end the Trump-era “Remain in Mexico” policy that requires asylum seekers to wait in Mexico until their case is heard, instead of being allowed to await their hearings in the United States.

The court ruled 5-4, with Chief Justice John Roberts and Justice Brett Kavanaugh joining the three liberal judges in the majority.

The program, officially known as Migrant Protection Protocols (MPP), resulted in a 75% drop in illegal crossings according to former acting commissioner of Customs and Border Protection, Mark Morgan, calling it “the most significant game-changer” in immigration policy at the time.

“That’s on the outer limits of the estimates, [which] are coming from the American intelligence community. … This is what they’re expecting,” Bensman said. “They’re saying it could be as low as 12,000 a day. But to give you some context, we’re at [6,000] and 7,000 a day right now, which is just too big to handle at present.”

President Joe Biden had suspended the MPP on his first day in office in January 2021 and the Department of Homeland Security (DHS) officially terminated it in June. But the administration restarted the policy in early December 2021, in El Paso, Texas, after it was ordered by a lower court to do so.

U.S. District Judge Matthew Kacsmaryk had ruled on Aug. 14, 2021, that the Biden administration had to revive the program, after Texas and Missouri sued the administration for having ended the MPP, saying that the decision worsened conditions at the border.

The Supreme Court had declined to intervene on Aug. 24 after the Biden administration filed an emergency motion requesting a stay of Kacsmaryk’s order, only to change their mind after the Biden DOJ asked them to hear the case on the grounds that the appeals court decision was made in error.

Meanwhile, a federal judge ruled in May that the Biden administration must pause plans to ditch a similar Trump-era policy known as Title 42, which requires US Border agents to expel any noncitizens stopped at the border without proper travel documents. The rule has resulted in an estimated 1.8 million people having to remain outside the US while awaiting an immigration trial.

As the Epoch Times noted in April, Title 42 is a federal health statute that allows the government to impose health control measures to limit the number of people seeking asylum from entering the country during a health emergency. It’s slated to end on May 23.

During the Trump presidency, “everybody [who] gets caught crossing the border goes back immediately to Mexico. That drove the numbers down to kind of historic low levels,” Bensman said.

He said that although Biden was forced to keep Title 42, he carved out “huge exemptions in it for family groups and unaccompanied minors, that … created the mass migration crisis that we have today.”

With the Biden carve-outs, record numbers of illegal immigrants are entering the United States, but intelligence officials are predicting that after Title 42 is lifted, between 12,000 and 18,000 illegal immigrants will flood the southern border each day.

“That’s on the outer limits of the estimates, [which] are coming from the American intelligence community. … This is what they’re expecting,” Bensman said. “They’re saying it could be as low as 12,000 a day. But to give you some context, we’re at [6,000] and 7,000 a day right now, which is just too big to handle at present.”

The U.S. Constitution is the most valuable precept for liberty ever drafted by mankind and it must be secured.