WASHINGTON D.C. (WLNS) – On Tuesday, the U.S. Supreme Court heard arguments regarding the Biden administration’s push to end his predecessor’s so-called Remain in Mexico policy.
The policy requires migrants to stay outside of the U.S. while their asylum claims are decided.
Meanwhile, a separate legal fight is underway over the pandemic rule known as Title 42. That gives immigration officials the authority to turn away migrants at the border over public health concerns.
“DHS detains tens of thousands of individuals on any given day. Respondents’ interpretation that would remove any description would mean that DHS can’t take account of that limited capacity in making prioritization decisions,” said U.S. Solicitor General Elizabeth Prelogar.
Texas and Missouri sued to keep the program in place, arguing that ending it would violate federal immigration law passed by Congress.
“The Biden administration has to follow federal law, just like the rest of us. They either have to detain them or send them back to the country of origin,” said Texas Attorney General Ken Paxton.
President Biden also wants to wind down Title 42 next month, though a Louisiana federal judge has said he’ll temporarily block it, siding with a Republican-led challenge.
“We’ll have a temporary restraining order to get us to May 13th. May 13th will be the hearing on the preliminary order that we hope to obtain as well,” said Missouri Attorney General Eric Schmitt.
On Capitol Hill, opposition to the administration’s push to end Title 42 has been bipartisan.
“With a health crisis, we can’t take any more chance of people coming undocumented and unchecked,” said Democratic Senator Joe Manchin.
Some Republican lawmakers have called for a Title 42 amendment to be added to that prevents any attempt to pass additional COVID-19 aid.