Biden Administration Seeks to Overturn Trump-Era “Remain in Mexico” Policy

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The Biden administration has requested that the Supreme Court review – and potentially reverse – their decision to uphold a Trump-era policy known as “Remain in Mexico.”

the policy has been responsible for at least 1,544 public reports of murder, rape, torture, kidnapping and other forms of violence against people who were forcefully returned to Mexico. This includes at least 341 reports of children who were kidnapped or nearly kidnapped when they returned.

Mayorkas said that the policy creates dangerous conditions for asylum seekers and that it does not advance its presumed purpose of detering illegal immigration – a goal that immigration advocates have pointed out is inhumane in itself. The lower courts have mandated enforcement of MPP “despite determinations by the politically accountable Executive Branch that MPP is not the best tool for deterring unlawful migration; that MPP exposes migrants to unacceptable risks; and that MPP detracts from the Executive’s foreign-relations efforts to manage regional migration,” the filing went on.and vowed to end its enforcement. When the Biden administration reinstated the policy in December, they blamed the decision on the court’s orders.

Immigration advocates panned the Biden administration for its expansion of the policy. Marielena Hincapié, executive director of the National Immigration Law Center, a “shameful regression” which “flies in the face of its own determination that no number of changes could render this deadly policy more humane or provide the access to the asylum system that the law requires.”

 

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