Supreme Court says Biden administration must comply with ruling to restart ‘remain in Mexico’ program for asylum seekers, Washing Post, Aug. 24, 2021

With an incoming President, former administrative actions are often shaken up, as we've discussed. Whether proposed rules are delayed/overturned/passed or administrative programs dealing with immigration, the environment, social security, disability, and other areas are challenged. In class 23, when we delve into the arbitrary and capricious standard under judicial review. We will read the case, Biden v. Texas, to which this Supreme Court order below stems.

Biden v. Texas  involves what has been coined the "Remain in Mexico" program.  The Trump administration created this dehumanizing program through the Department of Homeland Security.  The Official Cite of Dep't of Homeland Security described the program - officially called the Migrant Protection Protocols -  as follows: "whereby certain foreign individuals entering or seeking admission to the U.S. from Mexico – illegally or without proper documentation – may be returned to Mexico and wait outside of the U.S. for the duration of their immigration proceedings, where Mexico will provide them with all appropriate humanitarian protections for the duration of their stay."

Shortly after taking office, the Biden administration exercised its right to access judicial review under the Administrative Procedure Act (which we will delve into in class 9), asking the court to stay a federal judge's order to implement the program. The issue went to the U.S. Supreme Court. The conservative majority of justices swiftly and curtly rejected the Biden administration's request, issuing the brief order below, with Breyer, Sotomayor and Kagan dissenting.