Biden can move to end 'Remain in Mexico.'  Legislators, advocates want the same for Title 42.

WASHINGTON- President Joe Biden secured a victory to end a policy that keeps migrants in Mexico while they await their asylum court hearing. Now, the administration could move to end another Trump-era immigration policy.

The Supreme Court ruling that allows the Biden administration ending the Migrant Protection Protocols, also known as “Remain in Mexico,” could make injunctions illegal in other immigration cases, some legal experts argue.

Title 42, a public health order issued by the Trump administration, allows Customs and Border Protection to expel migrants to Mexico or back to their home countries to prevent the spread of the coronavirus in detention facilities.

“The Biden administration must now act quickly to end ‘Remain in Mexico’ and establish the legal framework to undo Title 42,” Rep. Joaquín Castro, a Democrat from Texas, said in a statement. “The United States has a legal and moral obligation to protect asylum seekers.”

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The Department of Homeland Security said in a statement that the agency welcomes the Supreme Court’s decision and “will continue our efforts to end the program as soon as legally permissible.”

The department added that it will continue to “enforce our immigration laws at the border and administer consequences for those who enter illegally” and will also continue to enforce court-ordered Title 42.

Sen. Bob Menendez, DN.J., said he will work with the Biden administration to change Trump-era policies.

“Let this decision be the first step in ending our federal government’s use of short-term, cruelty-based deterrence strategies to keep asylum seekers out of the United States,” Menendez said.

He added that it is part of the United States’ commitment to be a “beacon of hope and opportunity for those fleeing violence and persecution.”

The US Centers for Disease Control and Prevention was going to end Title 42 on May 23. Nevertheless, a judge issued an injunction days before blocking the Biden administration from ending the policy. The administration has since appealed the ruling.

Has been record levels of migrants reaching the southern border of the United States.

In May, US Customs and Border Protection found 239,416 migrants. CBP said that 25% of those encounters had been from people who had previously tried to cross the border at least once.

Of the total encounters on the US-Mexico border, 42% of the migrants were expelled under Title 42.

Supreme Court ruling: Biden may end Trump-era ‘remain in Mexico’ policy for migrants

Marielena Hincapié, executive director of the Los Angeles-based National Immigration Law Center, which advocates for immigrant rights, said the Supreme Court’s decision returns power to the executive branch to make immigration decisions.

With this winning decision, Hincapié said it is urgent that the administration press to end “any other cruel and illegal policy that is endangering the lives of people for simply seeking security and freedom in our country.”

Some experts believe the Supreme Court decision creates legal precedent for the Biden administration to file a motion to end the Title 42 injunction.

Ahilan Arulanatham, professor and faculty co-director of the Center for Immigration Law and Policy at the University of California, Los Angeles, School of Law, said that under the Supreme Court’s ruling, there is no way the court order on Title 42 can stay in place. .

“That order is illegal based on today’s Supreme Court decision,” Arulanatham said. “The ball is completely on the Biden administration to tell the district court in the Louisiana case that this injunction is now illegal and they want the court to rescind it.”

In fact, Arulanatham noted that the administration could appeal other immigration-related injunctions, such as the one blocking enforcement priorities the administration set to address backlog in the system.

“They now have a lot of power to take back control of our immigration policy if they decide to use it,” he said.

Plus: Migrant deaths along the US-Mexico border continue to rise as access to asylum remains blocked

Could the Supreme Court ruling affect talks on immigration reform?

Some Republicans have criticized the Supreme Court decision.

Sen. Ted Cruz, R-Texas, said the decision could allow Biden to eliminate Title 42, a policy the senator supports.

“Disappointed by SCOTUS Ruling Allowing Biden to Eliminate Title 42”, Cruz wrote in a tweet. “I pray that you make the right decision and keep Title 42, given our unprecedented border crisis. South Texas is already seeing the impact of an open border. Removing Title 42 would be disastrous.”

It’s unclear how the court’s decision will affect renewed talks on immigration reform on Capitol Hill.

Sen. Dick Durbin, D-Ill., said talks on immigration reform have restarted with Sen. Thom Tillis, RN.C., after at least 53 immigrants were killed in a tractor-trailer in an alleged trafficking case. of people. A bipartisan group of lawmakers has been meeting for several weeks to find a way forward on immigration reform.

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Republican lawmakers have criticized Biden for rolling back policies that limit migration. The Republican Party and some Democrats have previously advocated for increased security along the US-Mexico border.

With this ruling, some Democrats advocate moving forward now to pass immigration reform.

Rep. Raúl Ruiz, D-Calif., and chairman of the Congressional Hispanic Caucus, called on Republican senators to “stand up and help us get comprehensive immigration reform with a path to citizenship across the line.” of goal”.

“Fixing our broken immigration system will help us improve border efficiency, keep families together, and restore dignity and humanity to our asylum process,” he said.

Contact Rebecca Morin on Twitter @RebeccaMorin_

This article originally appeared on USA TODAY: Biden can end ‘Remain in Mexico’. Title 42 should be next, Democrats say

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