The U.S. Supreme Court announced Friday that it will hear an oral argument in April on whether President Joe's Biden administration can unwind the controversial Trump-era "remain in Mexico" asylum policy that started under the former president's administration.
Under the policy, individuals seeking asylum at the southern border are required to stay in Mexico while awaiting a hearing in U.S. immigration court.
In August of 2021, SCOTUS rejected Biden's initial attempt to end the policy in a shadow-docket order. Then, in late December of 2021, the Biden administration asked the Supreme Court to review a ruling that keeps the program in force. Specifically, the administration requested that the decision of the 5th Circuit Court of Appeals be reviewed, which on Dec. 13 rejected the executive's request to block an order from a federal judge.
That judge agreed with lawsuits filed by Texas and Missouri to end the protocol.
In addition, the government "respectfully" requested that the Supreme Court hear the arguments of this lawsuit in the current period, warning that delaying its review until the next term would postpone its resolution until sometime in 2023.
The petition also argued that the Migrant Protection Protocols is "not the best tool" to deter irregular migration, exposes migrants to "unacceptable risks" and detracts from government efforts to manage immigration. The Biden administration also complained that the court order interferes with the executive's work on immigration and foreign policy.
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US Supreme Court agrees to review controversial Trump-era asylum policy
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