With the three liberal justices in dissent, the court said the administration likely violated federal law in its efforts to rescind the program informally known as Remain in Mexico.
WASHINGTON — The Supreme Court on Tuesday refused to block a court ruling ordering the Biden administration to reinstate a Trump-era policy that forces people to wait in Mexico while seeking asylum in the U.S.
A federal judge in Texas had previously ordered that the program be reinstated last week. Both he and the 5th U.S. Circuit Court of Appeals refused the administration's request to put the ruling on hold. The three dissenting justices, Stephen Breyer, Elena Kagan and Sonia Sotomayor, did not write an opinion expressing their views of the case.
The judge, U.S. District Judge Judge Matthew J. Kacsmaryk in Amarillo, Texas, ordered that the program be reinstated in response to a lawsuit filed by the states of Texas and Missouri, whose governors have been seeking to reinstate some of the hard-line anti-immigration policies of the Trump administration.
The Trump administration largely stopped using the “Remain in Mexico” policy at the start of the pandemic, at which point it began turning back virtually everyone crossing the Southwest border under a different protocol — a public health order that remains in effect.
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