The Biden Administration has been trying to end the “Remain In Mexico” policy introduced by former President Donald Trump. The Supreme Court ruled against the administration’s attempt Tuesday.
The Biden administration had attempted to block a ruling from U.S. District Judge Matthew Kacsmaryk that renewed the policy. The court rejected the effort in a 6-3 vote and stated the administration did not show how the decision to end the policy was not “arbitrary and capricious”.
The three that opposed the decision were Justices Sonia Sotomayor, Stephen Breyer and Elena Kagan.
Back in June, the Biden Administration repealed the policy and faced backlash for the border crisis. In August, Kacsmaryk ruled to reinstate the policy, arguing that it was ended illegally by the administration.
Kacsmaryk ruled that the policy had to be “lawfully rescinded”, and that it would be reinstated until that happened. The Biden Administration was given one week to file an appeal.
Missouri and Texas sued the administration in the spring, also arguing the program was illegally halted. The states added that the decision led to an increase in migrants crossing the border.
While asylum claims are being reviewed, migrants must remain in Mexico instead of crossing the border to wait in the U.S.