Peter Margulies: Ending the Remain in Mexico Program: Judging the Boundaries of Executive Discretion

Peter Margulies on Lawfare uses the December decision in Texas v. Biden by the U.S. Court of Appeals for the Fifth Circuit, which rejected the Biden administration’s latest bid to end the “Remain in Mexico” program, as the starting point for analyzing the scope of executive power over immigration. The Department of Justice responded to the Fifth Circuit decision with a petition for certiorari to the U.S. Supreme Court, which could address the breadth of the executive’s immigration power.

KJ