“Stay in Mexico”: Biden's government asks the Supreme Court to review the ruling that kept it in force

The administration asked the judges in a judicial petition to decide whether the Secretary of National Security, Alejandro Mayorkas, should implement the Directive of the Migrant Protection Protocols (MPP) issued during the administration of Donald Trump , which forces thousands of asylum seekers to wait in Mexico until the dates of their hearing in the United States .

A federal appeals court twice thwarted the adm Biden administration to end that policy.

Specifically, the Administration requested a review of the decision of the Fifth Circuit Court of Appeals, which in the past 13 December rejected the government’s request to block an order from a federal judge who agreed with Texas and Missouri in their lawsuit against Biden’s decision to end that program .

In addition, the government “respectfully” requested the Supreme Court to hear the arguments of this lawsuit in this period, noting that delaying its review until the next term would postpone its resolution “until sometime in 2023 ”.

The petition also argued that MPP“ is not the best tool ”to deter irregular migration exposes migrants “to unacceptable risks” and detracts from government efforts to manage migration.

He also complained that the court order interferes with the government’s work on immigration and foreign policy.

On December 6, the Biden government had to reestablish the Migrant Protection Protocols, formal designation of the “Stay in Mexico” program, obeying the decision Judge Matthew Kacsmaryk on behalf of the Texas and Missouri Attorneys General.

Biden appealed to the Fifth Circuit Court of Appeals hoping to block the ruling , but Justice Andrew Stephen Oldham opined that the Department of Homeland Security (DHS, in English) -which is in charge of the immigration system and the protection of the borders- to put an end to the MPP was “an approach that is as illegal as it is illogical.”