WASHINGTON (Fwrd Axis) — The Supreme Court gave President Joe Biden a rare victory on Thursday, ruling he can shut down a Trump administration program known as the “remain in Mexico” policy.
The court said in a 5-4 ruling the Biden administration has the right to end the “Remain in Mexico” policy, which was designed to restrict immigration at the southern border. It required seeking asylum at the southern border to wait in Mexico while their claims were decided.
Chief Justice John Roberts along with Justices Brett Kavanaugh, Elena Kagan, Sonia Sotomayor, and Stephen Breyer said a lower court overreached when it found the policy had to remain in place.
However, Justice Samuel Alito criticized border policy and said it was his colleagues who were wrong.
“Due to the huge numbers of aliens who attempt to enter illegally from Mexico, DHS does not have the capacity to detain all inadmissible aliens encountered at the border, and no one suggests that DHS must do the impossible. But rather than avail itself of Congress’s clear statutory alternative to return inadmissible aliens to Mexico while they await proceedings in this country, DHS has concluded that it may forgo that option altogether and instead simply release into this country untold numbers of aliens who are very likely to be removed if they show up for their removal hearings. This practice violates the clear terms of the law, but the Court looks the other way,” Alito wrote in a dissent that was joined by Justices Clarence Thomas and Neil Gorsuch.
Texas Attorney General Ken Paxton called the decision by the Supreme Court “an unfortunate one.”
Today’s decision makes the border crisis worse,” Paxton said.
Upon taking office, Biden sought to end the program, citing dangerous conditions along the border. He shut it down but both Texas and Mississippi sued the administration.
The Justice Department argued that federal immigration law gave the government discretion to return migrants to Mexico as their claims were being taken up.