The Supreme Court has denied a desperate plea from President Biden’s Dept. of Justice to stop the Migrant Protection Protocols policy while a lawsuit started by Missouri and Texas is working through the courts.
On Tuesday, in their 6-3 decision, SCOTUS gave an order denying DOJ’s request for them to give a stay that would block the re-start of the Migrant Protections, commonly called “Remain in Mexico,” while the case continues — a process that might take over a year.
Chief Justices Samuel Alito, John Roberts Clarence Thomas, Brett Kavanaugh, Neil Gorsuch, and Amy Coney Barrett, voted to deny this request, while Justices Sonia Sotomayor, Stephen Breyer, and Elena Kagan voted to grant this request.
“The application for a stay given to Justice Alito and then referred to the Court is now denied,” SCOTUS said in their order:
“The applicants have not shown they are likely to succeed on their claim that stopping the Migrant Protection wasn’t arbitrary. Our order denying this request for a stay of the District Court injunction should not be read as changing the construction of that injunction by the Appeals Court.”
After DOJ made their request, Alito gave a four-day “administrative stay” allowing the Texas AG Ken Paxton and Missouri AG Eric Schmitt time to give an argument about why Remain in Mexico should be reinstated as the case is continuing.
The administrative stay also allowed justices the chance to investigate the filings and vote.
In April, after the Biden admin. said it would stop Remain in Mexico, Schmitt and Paxton filed a lawsuit arguing that the Dept. of Homeland Security (DHS) had unlawfully made their decision.
Weeks ago, Trump-appointed Judge Kacsmaryk from Texas ordered the Biden White House to reinstate Remain in Mexico, months after Biden’s DHS began releasing thousands of migrants into the United States interior.
Last week, three judges from the Fifth Circuit appeals court struck down Biden’s request to stop the lower court’s order and cease the reinstatement of Remain in Mexico. Because of this, Remain in Mexico was going to be reinstated by Saturday.
Author: Scott Dowdy
