(EFE).- The United States Supreme Court rejected on Tuesday a request from the government of President Joe Biden to suspend a lower court order requiring the reinstation of the Remain in Mexico program, which forces migrants to stay in Mexico to await their US immigration court dates.
The Supreme Court said in an unsigned order that the administration failed to show a likelihood of success on the claim that the memorandum that terminated the program launched by the administration of now-former president Donald Trump was not “arbitrary and capricious.”
The three liberal magistrates, Stephen Breyer, Sonia Sotomayor and Elena Kagan, said that they would have granted the request of the Biden government.
The administration must now comply with the ruling of the federal judge in Texas. However, the case will go to an appeals court and can return to the Supreme Court, where six of its nine members are conservative.
On his first day in the White House, Biden suspended the program, promoted in January 2019 by Trump and through which it sent more than 60,000 undocumented immigrants to Mexico to wait for their appointments before US immigration judges.
In February, the Biden administration began allowing migrants with active cases under the program, formally known as Migrant Protection Protocols, to enter the US, and in June the Department of Homeland Security formally terminated the program, which is highly criticized by human rights organizations.
On Aug. 13, federal judge Matthew Kacsmaryk, nominated to his Texas court position by Trump, agreed with the attorneys general of Texas and Missouri, who sued the current administration in April for their decision to terminate the program.
Texas Attorney General Ken Paxton celebrated the Supreme Court’s decision on Twitter on Tuesday and said that the program must be “implemented now!”
Lawyer Omar Jadwat of the American Civil Liberties Union said the Biden administration was right to rescind the program, but that it must now “take all steps available to fully end this illegal program, including by re-terminating it with a fuller explanation.” EFE
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