Department of Homeland Security attempted to terminate the Trump-era policy, but courts ruled it must remain in place. President Biden’s effort to terminate a Trump-era policy called, "Remain in Mexico," was stayed by a U.S. District Court Judge this week after litigation bounced between several different courts.
The decision comes nearly six months after the Supreme Court ruled on a memorandum issued on June 1, 2022, from the Department of Homeland Security Secretary Alejandro Mayorkas. In his memo, Mayorkas terminated Migration Protection Protocols, commonly referred to as the "Remain in Mexico" policy.
The State of Texas filed litigation against the move, asserting the memorandum violated the Immigration and Nationality Act, or INA, under which an alien who arrives on land from a foreign territory can be returned to that territory after a court hearing.
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