Supreme Court dismisses moot ‘Remain in Mexico’ case

The Supreme Court on Monday dismissed as moot a case filed against the Migrant Protection Protocols (MPP), former President Trump’s signature border management program that was nixed by the Biden administration earlier this month.

Under MPP, also known as “Remain in Mexico,” prospective asylum-seekers found crossing the U.S.-Mexico border could be returned to Mexico while their cases played out in U.S. immigration court.

After Trump implemented the program in 2018, lawsuits against it quickly propped up, arguing it violated U.S. immigration law and international asylum laws.

A district court and the 9th Circuit Court of Appeals granted an injunction against the program in early 2019, but that injunction was lifted by the Supreme Court, granting a request by the Trump administration.

While litigation continued, President Biden on June 1 ordered the termination of the program.

With Biden’s termination of MPP, the Supreme Court on Monday decided there was no more case to litigate, and remanded the case to the 9th Circuit to declare moot the April 2019 injunction.

The Trump administration was severely criticized for its implementation of the program, which forced thousands of asylum-seekers to stay in sometimes-dangerous and unsanitary conditions in camps along Mexico’s northern border.

While Biden paused implementation of the program shortly after his inauguration, progressive and pro-immigrant groups were critical of the administration for waiting months before formally ending MPP.

Homeland Security Secretary Alejandro Mayorkas in his memo ending the program said it did not help to enhance border management.

While Democrats applauded the program’s termination, Trump said the decision to terminate MPP was “disastrous.”

John Kruzel contributed to this report.