WASHINGTON, D.C. – Today, the Supreme Court of the United States heard oral arguments in Biden v. Texas, the lawsuit brought by Missouri Attorney General Eric Schmitt and Texas Attorney General Ken Paxton that challenges the Biden Administration’s cancellation of the Migrant Protection Protocols (MPP), or “Remain in Mexico” policy.
“When the Biden Administration refuses to take proactive steps to secure the Southern border, drug and human trafficking run rampant and affect not just border states, but states like Missouri. Last year, Missouri and Texas filed suit against the Biden Administration for their cancellation of the Migrant Protection Protocols, or ‘Remain in Mexico’ Policy and obtained an injunction, which we successfully defended at the appellate court and the United States Supreme Court. Today, Missouri and Texas delivered oral arguments in front of the Supreme Court to uphold the lower courts’ decision and force the Biden Administration to continue their reimplementation of the successful ‘Remain in Mexico’ Policy,” said Attorney General Schmitt. “The Biden Administration has repeatedly suspended or terminated successful policies or programs that aid in securing the Southern border. Time after time, Missouri has stepped in to halt the Biden Administration’s actions. If the Biden Administration won’t take proactive steps to cure the border, we will.”
During oral arguments, Missouri and Texas petitioned the Supreme Court to uphold the lower courts’ reinstatement of the successful “Remain in Mexico” policy to maintain border security. Before MPP was enacted by the Trump Administration, illegal aliens hoping to gain entry into the United States would attempt to “game” the immigration system by traveling from Northern Triangle countries like Guatemala or El Salvador through Mexico and claiming asylum in the United States. More often than not, those who made unmeritorious claims for asylum were arrested at the border, given a notice to appear, and admitted into the United States. Those who were released into the interior often never showed up to their court dates and disappeared.
The implementation of MPP forced most migrants to wait in Mexico, rather than the United States, for their hearings. These protocols prevented thousands of illegal aliens from entering and then disappearing into the United States, and ensured that those who truly need asylum right away can be granted it much faster. The program also discouraged many thousands of aliens from attempting to enter the United States unlawfully in the first place. MPP also significantly reduced costs on the states and detention and enforcement burdens on the Department of Homeland Security.
Missouri originally filed the lawsuit with Texas in April of 2021 after the Biden Administration terminated this successful “Remain in Mexico” policy. In August, a federal district court issued a nationwide permanent injunction requiring the Biden Administration to re-implement the program. The Fifth Circuit and Supreme Court denied the Biden Administration’s request to stay that injunction, and the Fifth Circuit affirmed the district court’s decision, forcing the Biden Administration to re-implement the program in good faith. Rather than abide by multiple court orders, the Biden administration appealed to the United States Supreme Court in a last-ditch effort to leave our borders unsecured. Oral arguments today concerned the merits of the case.
Missouri and Texas have also filed suit to require the Biden Administration to continue construction of the Southwest border wall, and Missouri recently sued the Biden Administration for their cancellation of expulsion authority for illegal aliens under Title 42.
The “Remain in Mexico” case awaits a ruling from the Supreme Court of the United States.