The Biden authorities turns to the Supreme Court docket to cease reviving the “keep in Mexico” coverage
The application was filed with Supreme Court Justice Samuel Alito on Friday. It comes after the U.S. 5th District Court of Appeals on Thursday refused to put a district judge’s order on hold urging the government to revive the policy informally known as the Remain in Mexico program.
The Biden government is calling on the Supreme Court to stop the judge’s order pending an appeal. The decision of the district court to resume the program is due to come into force on Saturday.
Trump-era politics were introduced in 2019, marking an unprecedented departure from previous protocols. An estimated 68,000 migrants have been repatriated to Mexico under the policy – often in dire and dangerous conditions.
The Biden government ended the program – officially known as the Migrant Protection Protocols – earlier this year. But in April the state of Texas and the state of Missouri sued the Biden government, arguing that the policy reversal had led to an increase in migrants on the US-Mexico border that had cost the states.
Last Friday, a federal judge in Texas ordered the government to resume politics. The Justice Department appealed and the U.S. Fifth District Court of Appeals denied her motion to stay the order. The administration is now calling on the Supreme Court to intervene.
In the motion filed with Alito overseeing 5th district emergencies, the Biden administration argued that the district judge’s order should be suspended while the appeal is fully negotiated in the 5th district and possibly also at the Supreme Court.
“(A) Allowing the erroneous and extraordinary injunction of the district court to take effect before that court is able to conduct a plenary examination would cause irreparable harm to the government, far outweighing the harm to the defendants of sojourn “Said the Biden government. “MPP was suspended for 2.5 months, suspended for 8 months, and largely inactive for nearly 16 months.”
The appeals court said in a ruling late Thursday that it refused to suspend the lower court order as the government’s arguments are unlikely to succeed. The lower court had concluded that the Biden government had violated the Administrative Procedure Act – a law that prescribes the procedural steps agencies must take in implementing the policy – when the DHS tried to change the policy of staying in Mexico to undo.
A political revival would also require cooperation from Mexico, which welcomed migrants when it was in place. Recognizing this in its order, the Fifth Circuit said, “The injunction only requires the good faith of the United States – if the government’s efforts to implement the MPP of Mexico are thwarted it will still be consistent with the district court order, provided that the other legal requirements are also complied with. “
This story and headline were updated with the Biden government’s filing with the Supreme Court.