The “Remain in Mexico” policy imperils asylum seekers who become victims of predatory violence.
Shortly after taking office, Joe Biden sought to cancel the Trump administration’s “Remain in Mexico” policy . Under the policy, asylum seekers who leave a third country and travel through Mexico to the U.S. border are forced to stay in Mexico while awaiting a court hearing on their asylum petitions.
U.S. Solicitor General Elizabeth Prelogar told the court that Mayorkas had decided to end the Remain in Mexico program after concluding that its benefits “were outweighed by its domestic, humanitarian, and foreign policy costs.” Prelogar said Mayorkas exercised “his statutory discretion to make a policy judgment.”
Some right-wing members of the court appeared to lean against allowing the administration to end the Remain in Mexico program. Clarence Thomas said the “shall detain” provision creates a presumption in favor of detention, meaning that the administration should detain asylum seekers rather than release them on parole or send them to Mexico. Samuel Alito pointed out that the government had argued in another case that “shall be detained” created a mandate for detention.
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