Supreme Court Could Hand Biden an Immigration WinThe Supreme Court on Tuesday signaled that it could approve President Joe Biden’s plan to rescind the Trump-era "Remain in Mexico" policy for asylum seekers.
A majority of justices during oral arguments suggested they would sign off on the Department of Homeland Security's plan to terminate the program, which a federal judge stayed last August. Ending the program would allow asylum seekers to wait in the United States while the courts processed their claims. Red state challengers claim ending Remain in Mexico would violate federal law. But Justices Brett Kavanaugh and Amy Coney Barrett suggested an immigration rule that allows the release of asylum seekers for humanitarian reasons on a case-by-case basis could save the administration’s plans.
The courts have allowed President Joe Biden to finesse both sides of the immigration crisis at the southern border. Rescinding Remain in Mexico, known formally as the Migrant Protection Protocols (MPP), placated leftwing activists who said it was cruel to force asylum seekers to wait in refugee camps before their court dates. But court orders dating to summer 2021 required immigration officials to maintain MPP, if only half-heartedly.
Federal law requires the government to detain asylum seekers or return them to bordering countries pending a hearing. The Trump administration cited that law as the legal basis for Remain in Mexico. Lawyers for Texas say the Biden administration will violate that law if it succeeds in ending Remain in Mexico.
Solicitor general Elizabeth Prelogar says the government doesn’t have the detention capacity to hold every asylum seeker. Prelogar claimed Homeland Security can house about 32,000 migrants at a time when more than 220,000 are crossing the border per month.
Chief Justice John Roberts said that challenge doesn’t overcome the law.
"If you're stuck because there's no way you can comply with the law and deal with the problem there, I guess I'm just wondering why that's our problem," Roberts told Prelogar. "Our problem is to say what the law is."...................
https://www.conservativereview.com/supreme-court-could-hand-biden-an-immigration-win-2657219544.html
