A previous policy prevented migrants, including those seeking asylum for fear of persecution in their home countries, from being released into the US. EPA
A previous policy prevented migrants, including those seeking asylum for fear of persecution in their home countries, from being released into the US. EPA
A previous policy prevented migrants, including those seeking asylum for fear of persecution in their home countries, from being released into the US. EPA
A previous policy prevented migrants, including those seeking asylum for fear of persecution in their home countries, from being released into the US. EPA

US Supreme Court allows Biden to end Trump-era 'Remain in Mexico' policy


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The US Supreme Court on Friday allowed President Joe Biden's administration to end a Trump-era migrant programme that sent people looking to apply for asylum in the US back to Mexico while their cases were reviewed.

In a 5-4 ruling, the US high court held that Mr Biden's administration's decision to end the policy did not violate federal immigration law. The White House had argued that many of the applicants could be released into the US while they await their hearings.

Under the Migrant Protection Protocols, or the “Remain in Mexico” policy, federal officials sent asylum seekers back to Mexico where they remained while their cases were reviewed.

The process could take months or even years.

Chief Justice John Roberts and Justice Brett Kavanaugh joined the court's three liberal justices in the majority.

Friday's ruling fulfils a campaign promise made by Mr Biden, whose administration twice tried to end the policy. Last year the Supreme Court forced his administration to restart the programme, which required the White House to negotiate with the Mexican government.

Former president Donald Trump's administration first instituted the policy in 2018 in response to a surge in migration along the southern US border.

The policy prevented migrants, including those seeking asylum for fear of persecution in their home countries, from being released into the US.

  • Asylum-seeking migrant families disembark from an inflatable raft after crossing the Rio Grande into the US from Mexico, in Roma, Texas. Reuters
    Asylum-seeking migrant families disembark from an inflatable raft after crossing the Rio Grande into the US from Mexico, in Roma, Texas. Reuters
  • Asylum-seeking migrant families leave a raft. Reuters
    Asylum-seeking migrant families leave a raft. Reuters
  • Gabby Fajardo sits in the Ambassador Jesus Christ shelter in Tijuana, Mexico, after being expelled from the US. Photo courtesy of Felicia Rangel-Samponaro
    Gabby Fajardo sits in the Ambassador Jesus Christ shelter in Tijuana, Mexico, after being expelled from the US. Photo courtesy of Felicia Rangel-Samponaro
  • Gabby Fajardo and 5-year-old son Gerard stand outside the Ambassador Jesus Christ shelter in Tijuana, Mexico. Photo courtesy of Felicia Rangel-Samponaro
    Gabby Fajardo and 5-year-old son Gerard stand outside the Ambassador Jesus Christ shelter in Tijuana, Mexico. Photo courtesy of Felicia Rangel-Samponaro
  • Sherry, 17, holds one-year-old son Ian as she leads a line of unaccompanied minors after crossing the Rio Grande in La Joya, Texas. Reuters
    Sherry, 17, holds one-year-old son Ian as she leads a line of unaccompanied minors after crossing the Rio Grande in La Joya, Texas. Reuters
  • Clothes hang to dry outside the Ambassador Jesus Christ shelter in Tijuana, Mexico. There are currently 1,200 migrants staying at the shelter. Photo courtesy of Felicia Rangel-Samponaro
    Clothes hang to dry outside the Ambassador Jesus Christ shelter in Tijuana, Mexico. There are currently 1,200 migrants staying at the shelter. Photo courtesy of Felicia Rangel-Samponaro
  • Mats set up on the ground serve as makeshift beds for migrants at the Ambassador Jesus Christ shelter in Tijuana, Mexico. Photo courtesy of Felicia Rangel-Samponaro
    Mats set up on the ground serve as makeshift beds for migrants at the Ambassador Jesus Christ shelter in Tijuana, Mexico. Photo courtesy of Felicia Rangel-Samponaro
  • A woman and child sit on a bed inside the Ambassador Jesus Christ Shelter in Tijuana, Mexico. The shelter is currently housing 1,200 migrants. Photo courtesy of Felicia Rangel-Samponaro
    A woman and child sit on a bed inside the Ambassador Jesus Christ Shelter in Tijuana, Mexico. The shelter is currently housing 1,200 migrants. Photo courtesy of Felicia Rangel-Samponaro
  • A child plays on the floor of the Ambassador Jesus Christ shelter in Tijuana, Mexico. Photo courtesy of Felicia Rangel-Samponaro
    A child plays on the floor of the Ambassador Jesus Christ shelter in Tijuana, Mexico. Photo courtesy of Felicia Rangel-Samponaro

Democrats and immigration advocates criticised the “Remain in Mexico” policy, saying those who were stuck in Mexican border cities have faced kidnapping and other dangers.

The number of migrants caught crossing the US-Mexico border has set new records in recent months. US Customs and Border Protection reported 239,000 enforcement encounters this year, data shared by the department show.

This is roughly 50,000 more encounters than at the same time last year.

Mr Biden's immigration policies have been slammed by Republicans, who argue that Mr Trump's “Remain in Mexico” policy slowed down unlawful migration.

Updated: June 30, 2022, 3:03 PM