Supreme Court considers Biden effort to end Trump 'Remain in Mexico' policy

"All the court needs to say in this case is that the contiguous territory return provision does not carry the meaning that justified the district court's injunction in this case," Justice Department Solicitor General Elizabeth Prelogar said Tuesday, arguing against the Trump-era policy.

The 6-3 conservative majority on the high court appears skeptical of the ability of the DHS to end the Migrant Protection Protocols. Justice Brett Kavanaugh, a Trump appointee, argued there is no public benefit to ending the former administration's policy. Prelogar responded that Congress is clear that there is no limit, arguing detention capacity is not up to the DHS.

The most recent ruling on that matter came in December when the 5th U.S. Circuit Court of Appeals wrote a scathing ruling upholding the initial order against the termination of the protocols.

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