Conservative Supreme Court Playing Pro-Trump: Reinstating Trump’s Remain in Mexico Policy is Death to Immigration

The issue of immigration has become a bone of contention among the conservative Republicans and liberal Democrats.

Trump’s remain in Mexico policy was the epitome of one such conservative agenda, where he tried to curb immigration, announcing his remain in Mexico policy.

However, as expected, Biden wrapped up the policy in his effort to encourage immigration right after coming to office.

But the Supreme Court had some other plans. The court, highly dominated by the conservative ideology, reinstated the policy, prompting Trump’s agenda, even while he is not in the office.

The policy essentially restrains the immigrants to the extent that they have to wait in Mexico while their asylum application is in process in the United States.

After the decision by the Supreme Court, US immigration officials have been directed to stop asylum seekers at the borders and discontinue the application process until the new notification is issued.

Stephen Breyer, Sonia Sotomayor, Elena Kagan are considered as the SC's liberal justices, but their voice is mostly being dominated by 6 conservative justices as it happened in case of SC's decision of reinstating Trump's remain in Mexico policy.
Stephen Breyer, Sonia Sotomayor, Elena Kagan are considered as the SC’s liberal justices, but their voice is mostly being dominated by 6 conservative justices as it happened in case of SC’s decision of reinstating Trump’s remain in Mexico policy.


Trump’s Remain in Mexico Policy: The Epicenter of a Conservative Agenda

According to the statistics, just in 2020, more than 70,000 migrants from Latin America, especially from Honduras and Guatemala, entered Mexico in the hope of getting asylum in the United States of America. 

But due to the Wait-in-Mexico law, also named as Migrant Protection Protocols (MPP), the asylum seekers, including women, children, and infants, were forced to stay in the border cities of Mexico until the US authorities make a decision on their immigration applications.

The decision of the Supreme Court is primarily across the ideological basis. The bench, comprising nine members including three liberal minorities, directed the Biden government to reinstate the MPP program.

However, the three liberal minorities justices, Stephen Breyer, Elena Kagan, and Sonia Sotomayor, earlier indicated that they would accept Biden’s request to terminate the so-called program and introduce a fairer and clearer policy for the immigrants turning to the United States.

As thousands of immigrants try to cross the US-Mexico border, the reimplementation of the former program will establish an additional challenge for resident Joe Biden because the Mexican government, which has been allowing these illegal immigrants on their soil since the introduction of the program, seems to be in dissent with the revival of the program.

Therefore, the Mexican Foreign Minister, Marcelo Ebrard, called the reimplement of the Wait-in-Mexico program a unilateral and unjust decision taken by the United States, without any prior notification by the US officials over the policy change.

The group of people under the umbrella of the American Civil Liberties Union (ACLU) organized a demonstration and called on President Joe Biden to present a better and impactful alternative to end the Migrant Protection Protocols program.

A District Court Judge Matthew Kacsmaryk first decided to discontinue Biden's decision of wrapping up Trump's remain in Mexico policy, which encouraged the SC to act further.
A District Court Judge Matthew Kacsmaryk first decided to discontinue Biden’s decision of wrapping up Trump’s remain in Mexico policy, which encouraged the SC to act further.

No Relief for Wannabe Immigrants, Even Under the Biden Administration

Currently, there is a huge gap of communication and understanding between the courts and the Biden administration

Last month, Texas and Missouri presented the issue in front of the US district court.

Judge Matthew Kacsmaryk agreed and accepted the recommendations, declaring President Joe Biden’s discontinuation of the MPP policy as unlawful.

The case was then dragged to the Supreme Court, which also announced its decision in favor of the district court and directed the Biden administration to revive the Migrant Protection Protocols program.

According to a recent report by an international human rights foundation, Human Rights First, the Wait-in-Mexico policy is becoming a life-threatening policy for many asylum seekers.

The implementation of the policy will have drastic consequences for asylum seekers. In practicality, first, they have to show up on the US-Mexico border, filing an application that they want asylum as they are being harmed in the other countries.

Once they have initiated the process, they will be sent back to Mexico and be given a court date on which they have to show up in the US court.

Most of these people are unaware of the neighborhoods of Mexico, so they would be left suffering. As the process can take up to years, this would certainly discourage immigration prospects into the United States.

The humanitarian conditions in the Mexico camps would be deteriorating, hence repelling many immigrants.

During their stay in the camps, potential immigrants become victims of varying crimes. According to the HRF report, last year, at least more than 1600 people, including women and children, were killed, raped, or kidnapped.

And in the situation where the Mexican government doesn’t agree with the program, the future of immigration seems even bleak.

According to critics, the current Wait-in-Mexico policy doesn’t seem to be working. Instead, it’s making the situation more dire and uncontrollable because many migrants are now trying to cross the border illegally.


Final Thoughts

The number of immigrants on the US-Mexico border was already expected to be in record numbers with the nosediving relations of the US and Haiti.

Although “Remain in Mexico” is a new reality now, the immigrants have to live with it, whether or not they like it.

As asylum seekers have to stay in Mexico, the US must work in collaboration with the Mexican government so that the process can be carried out in a humane way.

The curbing immigration prospects and remain in Mexico policy are also the manifestation of the retreating globalization amid the times when the phenomenon was also damaged unprecedently due to the unfolding global events.

Working with the Mexican government would also be the implementation of Biden’s rhetoric of addressing the root causes of immigration by investing in immigration epicenters, for which VP Kamala Harris has been touring foreign countries.

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