“Remain-in-Mexico” Policy’s Future Uncertain After Supreme Court Ruling

(TargetLiberty.org) – President Joe Biden immediately launched a campaign to roll back Trump-era efforts to improve border security after taking control of the White House. He and his administration felt that Migrant Protection Protocols forced illegals to experience “cruel and unusual punishment.” Yet, not everyone agrees — including the Supreme Court, who recently dealt a significant blow to Biden’s efforts.

Remain-in-Mexico Policy Will Stand

On August 24, the Supreme Court ruled that it would not block an order from the lower courts seeking to force the president and his administration to continue Donald Trump’s contentious “Remain-in-Mexico” policy. The 6-3 decision marks the latest legal defeat for the Democratic leader and his people.

The hotly debated ruling means an instant return to heightened border security policies — at least for now. As Trump originally intended when instituting the restriction, asylum seekers must once again remain in Mexico until US courts determine their eligibility for entry.

DHS Disagrees

A statement released by the Department of Homeland Security (DHS) expressed dismay over the ruling and its potential impacts. It stated that it’s appealing the decision and vows to continue challenging it in the near future, citing ongoing diplomatic talks with Mexico’s president.

DHS also said it will comply with the order in good faith as long as it remains in place. The agency claims it’s committed to supporting safe and humane immigration policies. The organization also said it will continue to reject illegal immigrants who arrive at the border as per the CDC’s Title 42 public health order.

Judge Shares Concerns

The district judge who ruled in favor of Remain-in-Mexico didn’t say he was necessarily against an eventual end to Trump-era border security policies. He does, however, have concerns about the potential fallout of such an adjustment.

Judge Matthew Kacsmaryk raised the important issue of capacity in his opinion, pointing out the fact that many migrant detention centers are already full. Allowing people to continue streaming into the country will only worsen that issue. It may even force the government to set illegal citizens free, where they often become downright impossible to track.

Mexican Leaders Respond

Mexico’s Foreign Relations Department also responded to the ruling, refusing to clarify whether it would accept rejected migrants back into the country. Director for Northern Affairs Roberto Velasco says he doesn’t consider US laws binding, and thus is not required to follow them out of anything more than good faith.

Neither Velasco nor his counterparts clarified whether Mexico overtly supports keeping the Trump-era policies intact. However, he did say the central American country plans to open a dialogue with US leaders in an effort to find a safe and secure path forward.

It isn’t yet clear what role Mexico will play in our border security over the next few months. The country isn’t obligated to accept rejected undocumented immigrants, and thus, could theoretically refuse to cooperate at any point. This would make it extremely difficult for border services to handle the influx of migrants present in detention centers all across the country.

Mexico’s somewhat murky response, in tandem with both the Biden administration and DHS’s vow to fight the protective measures, could spell trouble for the future of Trump’s Remain-in-Mexico policy. At the very least, there is no way to predict whether it will endure long-term at the present point in time.

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