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Supreme Court to hear argument on 'Remain in Mexico' revival - Roll Call

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“It would have far reaching implications across administrative law: everything from environmental regulations to national highway and traffic safety regulations to aviation issues to food safety to drug safety,” said Elora Mukherjee, director of the Immigrants’ Rights Clinic at Columbia Law School. “The importance of this case before the Supreme Court cannot be overstated.”

The high court will also consider what the law requires immigration officials to do with migrants who cross the border, particularly since Congress has not appropriated enough funds to detain all of them.

Policy Revived

Republican officials from Missouri and Texas filed the lawsuit over the move to end the policy, which is now the first major immigration case to reach the high court since President Joe Biden took office. And similar to several immigration blockbuster cases before it, it tackles a question of administrative law that has real world consequences.

Human Rights First documented more than 1,500 murders, rapes, kidnappings and other assaults against migrants enrolled in the program during the Trump administration.

U.S. District Judge Matthew J. Kacsmaryk of the Northern District of Texas ruled in August the administration did not sufficiently explain its rationale for ending the program and ordered the government to reinstate it. He also found the administration violated a 1996 provision of the federal immigration statute by failing to either detain or return migrants crossing the border.

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Supreme Court to hear argument on 'Remain in Mexico' revival - Roll Call
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