Supreme Court to Review Remain in Mexico Case

Photo courtesy of the Supreme Court website

The Supreme Court today granted review in Biden v. Texas and said oral argument will occur in the final week of April. SCOTUSBlog identifies the issues in the case as

“(1) Whether 8 U.S.C. § 1225 requires the Department of Homeland Security to continue implementing the Migrant Protection Protocols, a former policy under which certain noncitizens arriving at the southwest border were returned to Mexico during their immigration proceedings; and (2) whether the U.S. Court of Appeals for the 5th Circuit erred by concluding that the secretary of homeland security’s new decision terminating MPP had no legal effect.”

As David Savage for the Los Angeles Times encapsulates what is at stake in the case, the Court will “hear an appeal from President Biden and decide whether he may end the Trump administration’s policy of requiring migrants seeking asylum to wait on the Mexican side of the border until their cases can be heard.”

KJ

UPDATE (2/19):  Amy Howe summarizes the Supreme Court’s cert grant in the case.