Supreme Court Considers Whether Biden Can Undo Trump’s "Remain in Mexico" Policy

The U.S. Supreme Court heard oral arguments Tuesday on whether to strike down the Trump-era “Remain in Mexico” policy, which forced tens of thousands of non-Mexican asylum seekers to wait in Mexico while their cases played out in U.S. courts, often in extremely dangerous conditions. Biden suspended the policy, formally known as the Migrant Protection Protocols, shortly after taking office, but Texas and Missouri challenged the move. “This is a pretty outrageous idea that a new president coming into office is not allowed to dismantle his predecessor’s programs that he disagrees with,” says Aaron Reichlin-Melnick, senior policy counsel at the American Immigration Council. Still, Reichlin-Melnick says the justices seem torn on their decision and that the Biden administration’s amended version of “Remain in Mexico” still puts asylum seekers at extreme risk of violence. We also hear from asylum seekers about conditions they faced in Mexico under the program.

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