Supreme Court to Hear Arguments in Remain in Mexico Policy Case

Official Supreme Court Photo

Tomorrow is the oral argument in Biden v. Texas, the case in which Texas, Missouri, and other states challenged the Biden administration’s dismantling of the Migrant Protection Protocols (Remain in Mexico Policy). The lower courts allowed an injunction halting the Biden administration’s plan to end the policy.

SCOTUSBlog describes the issues in the case as follows:

“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.”

The U.S. government’s opening brief is here.

See April argument calendar features cases on Trump-era asylum policy and praying football coach (Amy Howe, SCOTUSBlog March 15, 2022).  Click here for background for the arguments by John Kruzel for The Hill.

UPDATE (April 26)

Amy Howe previews the arguments for SCOTUSBlog here.

Click here to listen to the oral argument.  And here is Amy Howe’s recap.

KJ