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Supreme Court Deals Setback to Biden Administration on ‘Remain in Mexico’ Program
Washington, D.C. (August 24, 2021) – A Center for Immigration Studies analysis ([link removed]) from three days ago correctly concluded that the lawsuit brought by the states of Texas and Missouri seeking the reinstatement of the Migrant Protection Protocols (MPP), better known as “Remain in Mexico”, would be successful. Tonight the Supreme Court of the United States (SCOTUS) upheld a federal judge’s order against the Biden administration’s attempt to end MPP, stating that the government “failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious.”

Six justices backed the lower court’s decision. Justices Breyer, Sotomayor, and Kagan disagreed with the holding.

The states of Texas and Missouri brought the suit due to the injuries the states are suffering from the Biden administration’s non-enforcement of the law at the border. They cannot deal with illegal immigration itself; it is wholly dependent on the federal government to do so, which means the federal government has to act, not offer excuses for and try to paper over its own incompetence.

Andrew Arthur, the Center’s resident fellow in law and policy, said, “The Biden administration has treated the immigration laws of the United States as, at best, suggestions for how it should deal with immigration enforcement in the United States. Tonight’s Supreme Court order is proof that laws have meaning. The lower courts’ rulings will stand, imposing obligations on the Biden administration to deal with the problems it has created at the border.”

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Related Articles:
Supreme Court Speeds Review of ‘Remain in Mexico’ Decision ([link removed])
Judge Blocks Termination of ‘Remain in Mexico’ ([link removed])

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