Migrants waiting to cross into the United States wait for news at the border crossing in February 2021, in Tijuana, Mexico. The Supreme Court has upheld a judge's order reinstating a Trump administration policy forcing asylum seekers to wait in Mexico. Elliot Spagat/AP hide caption toggle caption Elliot Spagat/AP Migrants waiting to cross into the…
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The Supreme Court on Tuesday refused to block a court ruling ordering the Biden administration to reinstate a Trump-era policy that forces people to wait in Mexico while seeking asylum in the U.S.

With the three liberal justices in dissent, the court said the administration likely violated federal law in its efforts to rescind the program informally known as Remain in Mexico.

The justices said in their unsigned decision that the Biden administration appeared to act arbitrarily and capriciously by rescinding the policy, formally known as the Migrant Protection Protocols. They also cited last year’s decision in the Department of Homeland Security v. Regents of University of California case. That decision blocked the Trump administration’s effort to undo the Obama-era program protecting young immigrants that came to the U.S. as children.

Immigration advocates, including the American Immigration Council said Remain in Mexico is a dangerous policy for thousands of people seeking humanitarian aid.

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