Ex-Obama Officials Urge Supreme Court Allow President Biden to End “Remain In Mexico” Policy

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Max Jaeger for Law360 reports that former Secretary of Homeland Security Jeh Johnson and former U.S.-Mexico Ambassador Roberta Jacobson, who both served under President Obama, filed an amicus brief in the U.S. Supreme Court in Biden v. Texas.  The brief argues that the lower court rulings barring President Biden from ending President Trump’s “Remain in Mexico” policy are a “significant setback” to U.S.-Mexico relations.

President Biden sought to end the Migrant Protection Protocols, which require migrants to return to Mexico while their removal proceedings are pending.  Texas and Missouri challenged the decision.  The lower courts enjoined the dismantling of the policy.

“The lower courts’ rulings are a significant setback to U.S.-Mexican relations,” Johnson and Jacobson’s brief argues. “Based on their experience dealing with the Mexican government, amici believe that Mexican officials see the ruling as an intrusion on that nation’s sovereignty.… In the conduct of foreign affairs, nations should not fear that agreements they reach with the United States could be voided by the judicial branch of our government in civil litigation between and among U.S. litigants.”

Argument before the Supreme Court in Biden v. Texas is set for April 26, 2022.

KJ