Thursday, December 30, 2021
Today the Biden administration filed a petition for a writ of certiorari before the U.S. Supreme Court. The petition, which asks to review a decision of the Fifth Circuit court of appeals, addresses issues relating to the Migrant Protection Protocols, commonly known as the "Remain in Mexico" program. The program allows asylum seekers to be sent to Mexico to wait for their asylum hearings, confronting dangerous and uncertain conditions. The Biden administration sought to terminate the program in June 2021, but was subsequently ordered by the courts to reinstate and continue implementation of the program.
The administration's petition, which is available here, reviews the legal background of the program, the court of appeals' decision, and the issues that remain for the Court's review.
The administration asks the Court to set argument for this Term, explaining that:
The district court’s extraordinary injunction compelling the Executive to negotiate with a foreign sovereign and implement a nationwide, discretionary immigration program has been in place since August and will remain in place until this Court intervenes. The court of appeals’ unprecedented construction of Section 1225 threatens further significant disruption in other cases where parties seek to upend the government’s policies regarding immigration detention and parole. Delaying review until next Term would likely postpone resolution of those critical issues until sometime in 2023. In the meantime, the government would be forced to continue negotiating with Mexico to maintain a controversial program that it has already twice determined is no longer in the best interests of the United States. “Our constitutional system is not supposed to work that way.”