A brief order by the Supreme Court Wednesday allowed President Donald Trump’s “Remain in Mexico” policy to stay in effect while appeals to the Supreme Court are filed. This overturns an injunction by the US District Court for the Northern District of California that blocked the policy, which entails sending some asylum seekers back across the border to wait for their cases in Mexico after presenting themselves at the border.
Justice Sonia Sotomayor was noted separately in the order to state that she would have denied the government’s request.
This policy is formally deemed the “Migrant Protection Protocols,” which the administration has claimed is meant to address the “security and humanitarian crisis on the Southern border.” However, it has been criticized in the lawsuit for subjecting migrants to dangerous conditions by sending non-Mexicans to Mexico to await the review of their case. The American Civil Liberties Union (ACLU) has stated that the lawsuit, Innovation Law Lab v. Wolf, alleges that the policy violates the Immigration and Nationality Act, the Administrative Procedure Act, and “the United States’ duty under international human rights law not to return people to dangerous conditions.”
The Migrant Protection Protocols was passed in January 2019, and the ACLU, the Southern Poverty Law Center, and the Center for Gender & Refugee Studies filed suit in response on behalf of 11 individuals and various organizations in February 2019.