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Supreme Court Lets Biden End Trump Remain-in-Mexico Asylum Rule

  • Roberts, Kavanaugh join liberals in majority of 5-4 decision
  • Court rules remain-in-Mexico isn’t required under federal law
A border fence that separates the US and Mexico in Santa Teresa, New Mexico.

A border fence that separates the US and Mexico in Santa Teresa, New Mexico.

Photographer: Luke Sharrett/Bloomberg
Updated on

The US Supreme Court freed President Joe Biden’s administration to end a Trump-era policy that forces asylum-seekers at the southern border to wait in Mexico for their cases to be processed, letting the president retake control of a key facet of his immigration policy.

Voting 5-4, the court said the “remain-in-Mexico” program isn’t required under federal immigration law even though the government lacks capacity to detain everyone. The Biden administration argued that federal officials can release many of the applicants into the country while they await hearings.