On Thursday, June 30, the U.S. Supreme Court ruled 5-4 in Biden V. Texas to allow the Biden administration to end the Migrant Protection Protocols program, also known as Remain in Mexico. The program required asylum-seekers to ‘remain’ in Mexico while their asylum claims were processed. MPP, which started under President Trump, has kept approximately 70,000 asylum-seekers in border encampments and conditions that have been considered dangerous and unhealthy.
Chief Justice John Roberts wrote that “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.”
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The Biden administration moved to overturn MPP in June of 2021 and has faced legal challenges since. With this ruling, the Biden administration will now look to address asylum through a new process — specially trained CBP officers will grant protection instead of the immigration courts, which have 400,000 cases pending. In this process, individuals who are denied asylum will have their case reviewed by an immigration judge within 90 days and before deportation.
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.