SCOTUS throws out hearings set to challenge two Trump-era immigration policies

On Wednesday, the Supreme Court agreed to the Biden administration’s request to remove the oral arguments of two Trump-era immigration policies from their calendar.

This decision was reached due to policy changes by the new administration making these arguments unnecessary. The Justices were set to hear both arguments on February 22nd and March 1st of this year. The first dispute involved former President Trump’s efforts to redirect $2.5 billion in funding from the military to the construction of 100 miles of the US-Mexico border wall. Last week, President Biden halted construction of the wall to assess the legality of the funding, contracting methods and the consequences of stopping the project.

The second case was a dispute over Trump’s Migrant Protection Protocols, also known as the “Remain in Mexico” policy. This policy required that any migrants coming from Central and South America seeking asylum would be held in Mexico to await immigration proceedings rather than being released into the US. Many have criticized this policy as cruel while the Trump administration found it necessary in stopping “catch and release.” Over 60,000 migrants have been returned under the “Remain in Mexico” policy.

President Biden ordered Tuesday that there be a review of the program and that the DHS will determine whether the program should be revised or terminated. National Security Advisor Jake Sullivan had stated that “MPP has been a disaster from the start and has led to a humanitarian crisis in northern Mexico. But putting new policy into practice will take time.” The withdrawal from the cases is another move made by the Biden administration to move away from Trump-era policies. Biden signed orders Tuesday to set up a task force that will work on reuniting families separated under the Trump policies.

Many Republicans argue that many children separated from their adults aren’t related to the adults. ICE has been conducting DNA testing since spring of 2019 and found up to a quarter of migrant children weren’t related to the adults they came with. This number has since decreased to around 13 percent to 15 percent. DHS spokesperson Chase Jennings stated back in October of 2020 “out of the parents of 485 children whose plaintiff’s counsels have been able to contact, they have yet to identify a single family that wants their child reunited with them in their country.”




Leave a Reply