Supreme Court Allows Biden Administration to End ‘Remain in Mexico’ Program
March 14, 2023

The Supreme Court of the United States recently allowed the Biden administration to end the “Remain in Mexico” program, formally known as the Migrant Protection Protocols (MPP). The program was implemented by the Trump administration in 2019 and required asylum seekers to wait in Mexico while their cases were being processed in the United States.
The Supreme Court’s decision came after the Biden administration announced its plans to end the program in June 2021, citing concerns about the program’s impact on vulnerable migrants and the integrity of the asylum process. The administration also argued that the program violated U.S. immigration law and international human rights obligations.
The Supreme Court’s decision to allow the program’s end was a victory for the Biden administration and immigrant rights advocates who have been fighting against the program since its implementation. However, it is important to note that the decision only allowed the program to end and did not address the underlying legal and policy issues related to U.S. immigration and asylum policies.
Biden Attempts to End “Remain in Mexico”
Yes, that is correct. President Biden took steps to end the “Remain in Mexico” program, officially known as the Migrant Protection Protocols (MPP), shortly after taking office in January 2021. The program was implemented by the Trump administration in 2019 and required asylum seekers to wait in Mexico while their cases were being processed in the United States.
The Biden administration argued that the program was cruel and that it violated U.S. immigration law and international human rights obligations. In June 2021, the Department of Homeland Security announced that it would begin phasing out the program, starting with the processing of asylum seekers who were enrolled in the program but had not yet been processed.
However, the Biden administration faced legal challenges to its decision to end the program. In August 2021, a federal judge in Texas ordered the administration to reinstate the program, ruling that the administration had not followed the proper procedures for ending the program. The Biden administration appealed the decision, and in November 2021, the Supreme Court allowed the administration to end the program.
The Court’s Decision
The Supreme Court’s decision in November 2021 allowed the Biden administration to end the “Remain in Mexico” program, officially known as the Migrant Protection Protocols (MPP). The decision overturned a previous ruling by a federal judge in Texas that had ordered the administration to reinstate the program.
The Supreme Court’s decision was a victory for the Biden administration and immigrant rights advocates who had been fighting against the program since its implementation. The administration argued that the program was cruel and that it violated U.S. immigration law and international human rights obligations.
The Supreme Court’s decision was based on procedural grounds, rather than the substantive issues related to U.S. immigration and asylum policies. The court ruled that the federal judge in Texas had exceeded his authority by issuing a nationwide injunction against the administration’s decision to end the program, rather than limiting his ruling to the specific case before him.
The Supreme Court’s decision allowed the Biden administration to proceed with its plans to end the program and to develop new policies to address the challenges of asylum seekers and refugees at the U.S.-Mexico border.