SAN DIEGO – The Supreme Court is expected to release its decision on the future of the “Remain in Mexico” immigration policy Thursday morning.
The Trump-era immigration policy requires asylum seekers to stay in Mexico while the immigration process plays out. The Biden administration suspended the program and tried to end it last year.
While the future of the “Remain in Mexico” policy has played out in court, the policy itself has remained.
Missouri and Texas filed a lawsuit against the Biden administration, claiming the influx of immigration applicants and asylum seekers crossing the border was a detriment to public safety and taxpayers.
“A lot of them can’t work here, they have no work authorization here and it’s taxpayers that have to take care of them and that’s how they got into court in the first place,” Attorney Saman Nasseri said.
People have been critical of the conditions immigrants have experienced in Mexico until it’s their turn to have their immigration case heard.
“People are being kept in camps, not adequate food, not adequate healthcare, not adequate protection. Cartels have had many kidnappings in the area,” Nasseri explained.
On the other hand, if the Biden administration is successful, then the process will be discretionary.
“It’s up to ICE. It’s what we saw before the Trump administration came in to play. If someone was detained at the border, they could be released. They could be released with an ankle bracelet they could be taken into custody here in the United States, but there was no requirement that they had to stay in Mexico pending the outcome of the case,” Nasseri said.
Immigration attorneys like Nasseri watching this case play out say it will have implications either way.
“The Biden administration can talk to the Department of Homeland Security if this doesn’t go their way and implement potentially immigration policy that goes a different direction.”