US Supreme Court allows reinstatement of "Wait in Mexico" programme

The US Supreme Court on Tuesday rejected a request by President Joe Biden's administration to stay enforcement of a federal judge's order reinstating the "Wait in Mexico" programme, which requires asylum seekers to remain in Mexico while their cases are being resolved on US soil.

In an unsigned order, the Supreme Court denied the petition, noting that the petitioners failed to show that the memorandum rescinding the programme put in place during the administration of now-former president Donald Trump (2017-2021) was not "arbitrary and capricious".

Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan, considered liberals, clarified that they would have granted the Biden administration's request, without going into details.

The Biden administration must now comply with the Texas federal judge's ruling. However, the case will go to an appeals court and may return to the Supreme Court, where six of its nine members are conservative.

The Department of Homeland Security (DHS) - which is in charge of the US immigration system - said in a statement that it "respectfully disagrees" with the district court's decision and regretted that the Supreme Court "declined to issue a stay".

In any case, he said that while the appeals process continues, he will comply with the order "in good faith" and noted that he has begun to engage, along with interagency partners, in diplomatic discussions with the Mexican government on the programme.

On his first day in the White House, Biden suspended enrolment in this programme, promoted in January 2019 by Trump and through which the United States sent more than 60,000 undocumented immigrants who crossed the border to wait for months in Mexico for their appointments before immigration judges.

In February, the Biden administration began to allow migrants with active cases under the MPP to enter the United States, and in June, the Department of Homeland Security (DHS) put a definitive end to the programme, which was heavily criticised by human rights organisations.

On 13 August, federal judge Matthew Kacsmaryk, nominated by Trump for his position in a Texas court, ruled in favour of the attorneys general of Texas and Missouri, who had sued the current administration in April over its decision to end the programme.

Texas Attorney General Ken Paxton celebrated the Supreme Court's decision on Twitter on Tuesday as a victory for him, and said the programme, called Migrant Protection Protocols (MPP), should be reinstated "now".

Meanwhile, Omar Jadwat of the American Civil Liberties Union (ACLU) said the MPP should be reinstated "now". (ACLU) said the Biden administration "was right to rescind" the policy, but said it should now "take all available steps to fully end this illegal programme, including rescinding it with a fuller explanation".