“Despite your administration’s attempt to implement safeguards, severe human rights violations and fundamental due process problems continue in the latest iteration of Remain in Mexico, confirming your administration’s conclusion that the policy is inherently flawed,” the organizations said. The Biden administration, in its second attempt to end the policy last fall, acknowledged violence against returned asylum-seekers. But this memo was rejected by the conservative 5th U.S. Circuit Court of Appeals.
In a surprising win late last month, the Supreme Court sided with the Biden administration, ruling it had the power to end the policy, which is officially known as Migrant Protection Protocols (MPP). But experts have said that officials may not have the ability to try to end it again for some time. Maybe even as long as a year. “They say their hands are tied until the Supreme Court sends a certified copy of the judgment to the court of appeals,” Center for Gender and Refugee Studies director of litigation Melissa Crow tells Border Report. “In the meantime, we’re asking that (Biden) end MPP and begin to redress the enormous harm it has caused.”
The letter from the organization urges that officials ask the Supreme Court “expeditiously transmit the certified judgment of the decision to the U.S. Court of Appeals for the Fifth Circuit,” that officials stop returning individuals to Mexico under the policy, that officials help move enrollees currently in Mexico to the U.S. so that they can continue pursuing their claims, and that the infamous “tent courts” along the border be dismantled, among a number of requests (click here to read the full letter).
“As recent tragedies at the border make painfully clear, it is urgent that this administration take every available step to fully restore access to asylum at the U.S.-Mexico border, including at ports of entry,” groups say, pointing to the horrific deaths of 53 people in a mass casualty smuggling incident. “Policies blocking asylum at the border have had a devastating toll on those seeking safety, including Black, Indigenous, and LGBTQI persons.”
“Anything less than a swift and principled end to Remain in Mexico will undermine the administration’s credibility; set a terrible example for other countries, including those that host the vast majority of the world's refugees; reward and embolden efforts to stop lawful administration actions; and bolster the unfounded narratives peddled by those seeking to portray people seeking protection as threats to the United States,” the groups continue. Remember that after falsely defending the policy as safe to the public, the previous administration admitted in court that it endangered those seeking safety.
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