For the past year, one of the Biden Administration’s most significant immigration initiatives—its decision to end a Trump-era policy known as “Remain in Mexico”—has been blocked. A surprise Supreme Court decision gave Biden a narrow victory.
in Mexico while their cases inched through American immigration courts. Biden campaigned against it, and immediately wound it down once in office. In August, 2021, after two state attorneys general filed a lawsuit against the President, the Texas judge issued an injunction, halting the Administration’s efforts and reinstating the Trump policy. The conservative Fifth Circuit Court of Appeals upheld the decision.
The second major flaw in the lower courts’ position was procedural, though also partisan. It concerns a law known as the Administrative Procedure Act, which became a common tool during the Trump years for the courts to block federal policies that the government hadn’t fully weighed or explained.
In this sense, the Supreme Court’s ruling in Biden v. Texas raises a troubling question. In August, 2021, the Justices refused to suspend the lower courts’ injunction while they considered the case for review. In the meantime, the Biden Administration was forced to reinstitute a policy that it opposed.
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