SCOTUS: Biden Can End 'Remain in Mexico' Policy

    Image credit: The New York Times

    The Facts

    • In a 5-4 vote on Thurs., SCOTUS ruled the Biden admin. can rescind a Trump-era program forcing certain asylum seekers to remain in Mexico while awaiting approval at the border.
    • The court's majority agreed with Chief Justice John Roberts that the termination of the Migration Protection Protocols doesn't represent a breach of 8 USC Section 1225 due to the discretionary nature of the statute's language.
    • It also stressed that interpreting the provision on returning migrants as mandatory would affect "the Executive's ability to conduct diplomatic relations with Mexico."

    Sources Split


    The Spin


    Republican narrative

    While this appears to be a win for Biden, this SCOTUS decision makes his admin responsible for the migrant crisis. Dems. are celebrating now but it may cause them a big loss in the midterm elections as this crisis is likely to get worse now that the gates have been officially opened.

    Democratic narrative

    The "Remain in Mexico" policy put asylum-seekers in vulnerable conditions by forcing them to enter the country illegally. Now, these migrants will finally receive safe, humane treatment while the US upholds its long history of being a beacon of hope for those persecuted in their homelands.


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