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HIAS Welcomes High Court Ruling Allowing Biden to End “Remain in Mexico”

HIAS welcomes today’s 5-4 Supreme Court ruling that the Biden Administration did not violate federal immigration law with its decision to end the Migrant Protection Protocols (MPP) for those seeking asylum at the southern border, also known as the “Remain in Mexico” program. 

“We are relieved and pleased that the majority has handed down a decision that is in keeping with the Constitution, immigration law, and American values, and which affirms President Biden’s authority to conduct foreign policy, and move toward greater protection and more just procedures for those seeking asylum at the U.S.-Mexico border,” said HIAS Senior Vice President for Global Public Affairs Melanie Nezer.

Nezer added, “President Biden’s move to lift MPP was based on his recognition that seeking asylum is a legal and human right, and that this policy has created a humanitarian disaster at the border by forcing asylum seekers to wait for their hearings in dangerous areas of Mexico, leaving them at risk of murder, sexual assault, kidnapping, and other crimes. Through our work on both sides of the border at HIAS, we have seen these terrible impacts firsthand.”

Writing for the majority, Chief Justice John Roberts rejected a district court injunction and said, "MPP applies exclusively to non-Mexican nationals who have arrived at ports of entry that are located 'in the United States.' The Executive therefore cannot unilaterally return these migrants to Mexico."

While awaiting further details about the implementation of the court decision and the termination of MPP, and in the wake of the recent horrifying deaths of more than 50 migrants in a truck in San Antonio, HIAS is also renewing its call on administration officials to utilize all available measures to make sure that asylum seekers are safe and have access to an orderly and humane process at the border. 
 

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