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Supreme Court orders ‘Remain in Mexico’ policy reinstated

FILE - Migrants waiting to cross into the United States wait for news at the border crossing Wednesday, Feb. 17, 2021, in Tijuana, Mexico. A federal appellate court refused late Thursday, Aug. 19 to delay implementation of a judge’s order reinstating a Trump administration policy forcing thousands to wait in Mexico while seeking asylum in the U.S. President Joe Biden had suspended former President Donald Trump’s “Remain in Mexico” policy on his first day in office and the Department of Homeland Security said it was permanently terminating the program in June, according to the court record. (AP Photo/Elliot Spagat)

WASHINGTON (AP) — The Supreme Court on Tuesday refused to block a court ruling ordering the Biden administration to reinstate a Trump-era policy that forces people to wait in Mexico while seeking asylum in the U.S.

With the three liberal justices in dissent, the court said the administration likely violated federal law in its efforts to rescind the program informally known as Remain in Mexico.


A federal judge in Texas had ordered that the program be reinstated last week. Both he and the 5th U.S. Circuit Court of Appeals refused the administration’s request to put the ruling on hold.

Justice Samuel Alito ordered a brief delay to allow the full court time to consider the administration’s appeal.