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Supreme Court Considers Refugee Policy ‘Remain in Mexico’

WASHINGTON – Supreme Court agreed on friday to decide whether the Biden administration can end a Trump-era immigration program that forces asylum seekers to come to the Southwest border to await approval from Mexico.

The court has moved the case to expedited progress, scheduled for arguments in April. A decision is likely to be made at the end of the court’s current term in late June or early July.

Challenge program, commonly known as Stay in Mexico and officially the Migrant Protection Protocol, which applies to people who have left a third country and traveled through Mexico to reach the US border. After the policy was introduced in early 2019, tens of thousands of people waited tents are unhygienic for immigration hearings. Had popular report sexual assault, kidnap and torture.

Soon after taking office, President Biden sought to end the program. Texas and Missouri sued, saying they were injured by the termination of contracts for providing government services such as driver’s licenses to immigrants allowed into the United States.

End of August, Judge Matthew J. Kacsmaryk The Northern District Court of Texas, in Amarillo, has ruled that federal law requires that noncitizens seeking asylum return to Mexico whenever the government lacks the resources to detain them.

The Biden administration quickly asked the Supreme Court to intervene, but it refuse to block Judge Kacsmaryk’s ruling ordered it to restart the program. Three more liberal judges dissent.

Court unsigned brief orders at the time said that the administration appeared to have acted haphazardly and erratically in canceling the program, citing Deciding 2020 refused to let the Trump administration immediately cancel an Obama-era program protecting young immigrants called Dreamers.

The Biden administration then took steps to restart the program and issued a new decision seeking to end it. Administration officials, responding to criticism that they acted hastily, released a 38-page memo outlining their reasons.

They concluded that the costs of the program outweighed its benefits. Among those costs, the memo said, are the dangerous conditions in Mexico, the difficulty immigrants face when working with cross-border attorneys, and the ways in which the program undermines immigration services. foreign policy goals and domestic policy initiatives of the administration.

A panel of three judges of the United States Court of Appeals for the Fifth Circuit, in New Orleans, reject the government’s plan to close the program.

“The government says it has the discretionary and unilateral discretion to create and eliminate entire components of the federal bureaucracy that affect countless people, taxpayer dollars, and countries with sovereignty,” Judge Andrew S. Oldham wrote to the panel. “The government also says it has the discretionary power to ignore and unilaterally bypass statutory limitations imposed by Congress.”

“And the government says they can do all this by typing a new ‘memorandum’ and posting it on the internet,” he added. “If the government is right, it will replace the rule of law with a rule that says so. It is wrong for us to hold the government.”

Elizabeth B. Prelogar, attorney general, tell the judges that the appellate court’s decision improperly interfered with the president’s power over foreign affairs.

“Order to compel the executive branch to maintain a controversial policy that officials have determined” to be contrary to U.S. interests; to divert resources away from other important priorities; and engage in ongoing coordination with Mexico,” she wrote. “Continued intrusions into the executive’s statutory and constitutional authority to manage borders and conduct a nation’s foreign policy should be immediately reviewed.”

Attorney for Texas and Missouri tell the judges that the program was an effective tool to protect national borders and that the authorities had not followed due process in their efforts to rescind the program.

https://www.nytimes.com/2022/02/18/us/politics/supreme-court-remain-in-mexico-asylum.html Supreme Court Considers Refugee Policy ‘Remain in Mexico’

Fry Electronics Team

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