The Supreme Court ruled Thursday that the Biden administration has the authority to reverse the Trump administration’s “Remain in Mexico” policy.
The 5-4 decision in Biden v. Texas, authored by Chief Justice John Roberts, was joined by Justices Brett Kavanaugh, Sonia Sotomayor, Stephen Breyer, and Elena Kagan. The majority held that the Biden administration has not violated the Immigration and Nationality Act, and that memoranda issued by DHS in October repealing the policy represented “final agency action.”
The Court has sent the case back to district court, with instructions to “consider in the first instance whether the October 29 Memoranda comply with section 706 of the APA.”
Since coming into office, President Biden’s Department of Homeland Security has twice sought to rescind the Migrant Protection Protocols, which require certain non-citizens who arrive at the Southern border to stay in Mexico while their asylum cases are processed. Texas and Missouri both challenged that federal policy reversal, arguing that it was unlawful under both federal immigration law and the Administrative Procedure Act.
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