The Supreme Court on Thursday sided in favor of the president in Biden v. Texas, ruling that his administration lawfully acted in attempting to end the previous administration’s anti-asylum Remain in Mexico policy. While President Joe Biden promised to end the Migrant Protection Protocols (MPP) policy, and issued memorandum doing so last year, anti-immigrant Republicans sued to reinstate the policy.
Thursday’s ruling was decided 5-4, with right-wing justices John Roberts and Brett Kavanaugh joining Sonia Sotomayor, Elena Kagan, and Stephen Breyer, who is officially retiring from the court today.
It was a genuinely surprising ruling, coming on the same day that the right-wing court sided with polluters in the West Virginia v. EPA case. But legal observers cautioned that while the administration won in Biden v. Texas, it may not be able to end Remain in Mexico soon.
RELATED STORY: Remain in Mexico case in front of SCOTUS is also about whether Biden will be allowed to govern
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“On the surface the decision in Biden v. Texas looks like a win for Biden,” tweeted Vox’s Ian Millhiser. But he writes that the decision goes back down to Trump appointee Matthew Kacsmaryk, who initially issued the “bizarre” ruling last year reinstating the policy, and making himself the arbiter of the Biden administration’s immigration and foreign policy.
“He will almost certainly make up a reason to rule against Biden again, and the Fifth Circuit will almost certainly affirm him,” Millhiser continued. “Best case, it's probably going to be another year before Biden can end Remain in Mexico.”
“I think this right,” Slate’s Mark Joseph Stern wrote in response to Millhiser’s commentary. “Today's decision is a victory for the Biden administration, but it gives Trump judges in the lower courts space to retake control of border policy on remand. Very troubling.” Still, the Supreme Court’s decision seems to mean that the Biden administration will at least have a chance to end this policy, which, despite promises from officials that they would make humanitarian improvements to the program, has continued to send already-vulnerable people to more danger. But it’s impossible to make the inhumane humane.
“The Biden administration has long promised to get rid of Remain in Mexico and Title 42,” tweeted civil rights litigator Karen Tumlin. “It made some effort, only to be thwarted by the courts thanks to Texas & its cadre of anti-immigrant AGs who try to score political points by scapegoating immigrants.” We see from today’s result that any loss for corrupt Texas Attorney General Ken Paxton is a win for the humane treatment of asylum-seekers and other migrants.
“So, what does all this mean for immigrant communities?” Tumlin continued. “Now that the Supreme Court has ruled, the Biden admin must move boldly and swiftly to end RMX once and for all and to bring #Title42 to an end to ensure that those seeking refuge are #SafeNotStranded.”
“Today’s decision is a victory that marks the end of a divisive and dangerous policy that put families in danger and left mothers, fathers, children, and vulnerable people stranded in Mexico,” said Immigration Hub Deputy Director Kerri Talbot in a statement received by Daily Kos. “This decision reaffirms that President Biden can move forward with safe and orderly policies at the border rather than continuing inhumane and senseless Trump border policies. It also reaffirms the power of the administration to release individuals from detention and parole individuals into the U.S. as their legal cases are processed.
“This decision is welcome news as we continue to mourn the deaths of more than forty migrants who lost their lives in San Antonio hoping for their chance at the American Dream,” Talbot continued. “The human loss in this tragic event is a heartbreaking reminder of the devastating impact draconian policies, such as Title 42 and ‘Remain in Mexico’, have on children and families.”
Texas Rep. Joaquin Castro urged the Biden administration to “move swiftly” to end the Remain in Mexico policy (as well as the anti-asylum Title 42), also pointing to the tragic deaths as the border. “This week, 53 people died horrible deaths in San Antonio in a case that demonstrates the cruelty of Trump-era immigration policies,” he said in a statement received by Daily Kos. “The United States has a legal and moral obligation to protect asylum-seekers, and I will continue fighting for a humane immigration system that prioritizes fairness and safety for all people.”
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