(NewsNation) — The Supreme Court on Tuesday heard arguments over the Biden administration’s efforts to end a controversial Trump-era immigration policy.
The policy, called “Migrant Protection Protocols,” and also known as the “Remain in Mexico” program, requires asylum seekers at the U.S. border to wait in Mexico while their cases are processed. Former President Donald Trump instituted the policy in 2019 to deter migrants from applying for asylum and stem the flow of immigration at the southern border.
President Joe Biden attempted to end the policy on day one of his term, but lower courts ordered it be reinstated after Texas and Missouri sued. The Biden administration, however, has sent far fewer people back to Mexico than when Trump was in office. And the debate is unfolding as the number of migrants caught crossing into the U.S. has reached record highs.
Since Trump started the Migrant Protection Protocols policy, 68,000 were subject to the program. Many Democrats and advocacy groups say the policy subjects migrants to inhumane and dangerous conditions, and even kidnappings or other threats of violence.
Some justices on the high court seemed skeptical Tuesday of the claims made by Republican-led states. Still, it’s not clear if there is a majority on the court that would support the Biden administration, which argues it has the discretion to change immigration policies.
After oral arguments, Texas Attorney General Ken Paxton reiterated his state’s argument, saying the Biden administration has to follow federal law, and either detain the immigrants, “or send them back to their country of origin.”
But Justice Sonia Sotomayor questioned how to do this without Mexico’s cooperation: “What are we supposed to do? Just drive truckloads of people and drop them off and leave them without negotiating with Mexico?” she asked.
Other justices suggested the administration had better arguments than the states’, including Trump administration apointees Amy Coney Barrett and Brett Kavanaugh.
The debate is unfolding as the number of migrants caught crossing into the U.S. has reached record highs.
“You lose, right, if the government is right about what significant public interest is,” Barrett said in an exchange with Texas Solicitor General Judd Stone II.
One judge, Justice Samuel Alito, appeared to be the strongest voice for Missouri and Texas’ side, as he pressed the Biden administration on its assertion that it assesses migrants on a case-by-case basis before releasing them.
“You’ve got a little checklist and you go, boom, boom, boom,” Alito said.
These arguments come as another Immigration policy put into place by Trump, Title 42, is being challenged. Title 42, which lets border officials turn away migrants on public health grounds, was set to expire May 23, but it’s not clear if that will happen.
The White House announced Tuesday that President Biden will meet with the Mexican president virtually Friday to discuss cooperation on migration.