Supreme Court Upholds Biden Administration Rescission of Trump-Era ‘Remain In Mexico’ Asylum Policy

Decision clears Biden administration’s authority to end xenophobic policy.

Media Contact: Flaviano Graciano, fgraciano@nmilc.org

6|30|2022

Albuquerque, N.M. - Today, the Supreme Court ruled in Biden v. Texas with a 5-4 decision that the Biden administration has the authority to end the Migrant Protection Protocols (MPP), notoriously known as the “Remain in Mexico” policy that was implemented by the Trump administration in 2019. The decision does not automatically end the policy, it sends it back to the Fifth Circuit Court of Appeals for it to consider whether the second termination memo violated the law, if Texas decides to challenge it.

Taylor Noya, Detention & Asylum Staff Attorney at the New Mexico Immigrant Law Center, said:

“Today marks a step in the right direction in the fight to restore our asylum process to one that welcomes migrants with dignity. This xenophobic policy, alongside Title 42, have severely damaged asylum rights mainly for Black, Indigenous, and Brown migrants. It is deterring policies like these that have led to migrant tragedies like the one discovered in San Antonio earlier this week. 

Now it is up to the Biden administration to follow through on their promise to restore our broken asylum system by terminating MPP and Title 42 and protect the human rights of those seeking protection through asylum.” 

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New Mexican Immigrant Law Center's mission is to advance justice and equity by empowering low-income immigrant communities through collaborative legal services, advocacy, and education. You can find more about NMILC online at nmilc.org.