Monday, August 8, 2022
Despite a favorable Supreme Court ruling, the Biden administration has not ended President Trump's Remain in Mexico policy, forcing asylum seekers to return to Mexico while their claims are being decided. Pedro Spivakovsky-Gonzalez for the ABA Journal offers a birds-eye view of the policy at work. It is noy a pretty picture:
"It is tragic to meet with people who would seem to qualify for asylum but understandably lack detailed documentation of their claims, only to find out that they were ordered to be deported. Since the Supreme Court agrees that the Biden administration has the authority to end this policy, will immigration courts now also look more leniently upon motions to re-open or appeals filed by people who should have been given a full opportunity to present their claims in the first place? When exactly will the MPP policy end? How many people could be excluded from this policy before then? These and many other questions remain about `Remain in Mexico,' a policy, which despite the recent Supreme Court decision, continues with tragic consequences."
Spivakovsky-Gonzalez is a senior staff attorney with ABA ProBAR. He assists adult asylum-seekers who have been placed in the Migrant Protection Protocols policy in the tent courts in Brownsville, Texas, and takes on a range of immigration cases.