On Monday, the Supreme Court agreed to hear two of the Trump administration’s most controversial immigration policies on military funds going toward border wall construction and the remain in Mexico policy for asylum seekers. The Department of Homeland Security issued the Migrants Protection Protocol, also known as the remain in Mexico Policy in December of 2018 but faced swift backlash from Immigration advocates. The policy would return certain asylum seekers back to Mexico while they await their immigration court appearance. The policy has harmed immigrants who often flee their home country due to political oppression, discrimination, economic uncertainty, and violence. The Remain in Mexico Policy puts an already vulnerable group in uncertain circumstances and possible danger while awaiting their time in immigration court.
The Department of Homeland Security first implemented the policy in part to deter asylum applications from Texas, Arizona, and California while sending asylum applicants back to areas like Tijuana and Matamoros. Such places have been plagued with violent crimes and discrimination, harming the security of immigrants searching for a safe haven.
The Supreme Court’s decision to hear the case is a victory nonetheless to the Trump Administration as its efforts to dismantle and target our legal immigration system have been rampant over the past several months. Although the policy has faced numerous court challenges in lower federal courts and has been deemed “unconstitutional” and “illegal” it has still been in effect since January of 2019. Lower court judges have already accused the Trump administration of breaching international treaties in regard to asylum and refugee applications.
According to USA Today, the Attorneys challenging the policy on behalf of the American Civil Liberties Union argued that subjecting Asylum seekers to the policy would put them in potential harm with drug cartels, corrupt bureaucrats, and Central American gangs. “Asylum-seekers face grave danger every day this illegal and deprived policy is in effect,” said Judy Rabinovitz, lead counsel for the lawsuit.
In a March ruling by the Supreme court, the policy was allowed to remain in effect while the appeal from the justice department was being processed. The government warned that many of the 25,000 asylum-seekers sent to Mexico would flood the immigration system if the lower court ruling was to remain in effect, thus the injunction was lifted on the lower court ruling.
The moves were taken by the Trump administration to specifically target asylum seekers and refugees are not unrepented. In past executive orders and memorandums, the Trump administration and top officials in Washington have taken on the central theme to deprive thousands of immigrants of the United States legal immigration process. The president’s efforts to suspend and at times terminate our legal asylum system targets those fleeing persecution and violence.
As the fate of the Supreme Court decision on the remain in Mexico policy seems fairly predetermined as the President has already nominated his third supreme court Justice. In just three years, the President has successfully nominated three justices, potentially holding a 6-3 majority for conservatives. Although one cannot truly understand the Suprem Court Justice’s interpretation of the law, one can make the assumption based on past precedents that the court will side in favor of the administration on the policy.
The ruling is unlikely to be heard prior to the inauguration of the newly elected president thus it is vital for all Americans to vote. If elected, Democratic Presidential nominee, Joe Biden will put a stop to immigration policies that have harmed thousands of immigrants over the past several years and throw out the “remain in Mexico policy” once and for all.
Immigrating to the United States? Secure the representation you deserve with a fair and dedicated immigration attorney who has represented countless immigrants. Over the past two decades, Attorney James A. Welcome has fought on behalf of those whose rights have been suppressed while taking all actions possible to secure favorable results. Contact an experienced immigration attorney today to ensure justice is upheld and your rights remain a priority.