The Supreme Court has ruled in favor of ending the Trump-era Remain in Mexico policy. Keep reading to learn more.

The Supreme Court

In a 5-4 ruling, the Court ruled against two states, Texas and Missouri who argued that the Biden administration and the executive branch had no constitutional right to end the policy. The justices determined that the President was acting within constitutionality and was abiding by the Migrant Protection Protocol.


The Department of Homeland Security responded to the ruling and agreed that the decision was justified. Officials from the DHS stated that the discriminatory Remain in Mexico plan harmed the immigration system and violated the country’s obligation to help those in need.

DHS Secretary Alejandro Mayorkas approved of the decision and told the media that he hopes this will improve conditions for migrants and agreed to dedicate resources to the unraveling of the policy.

Pros and Cons

Texas has been outspoken about Remain in Mexico and has proceeded to file suit against the Biden administration for decisions that have been made since 2020. Attorney General Ken Paxton feels strongly that the administration removed the policy out of spite against the former president. He also believes that the President is acting outside of the law.

What Happens Next

Thousands of asylum-seekers and refuges are waiting at the border in horrid conditions. They have tried to survive in the refugee camps as they wait for word of their hearings, but now they could be free to enter the United States safely.

It is important to note however that while Remain in Mexico has ended, Title 42 is still in effect. This rule applies to the control of infectious diseased like COVID-19. Some migrants may not be able to enter the country if they fail the health examination by testing positive. It is unclear how many refugees are infected, but the administration is concerned about the possibility of another wave.

Until the mess at the Mexican border is resolved, it’s unclear how this will affect immigration moving forward. It may take years before migrants get resolution on their cases.

If you need legal help, contact Smith Law Offices, LLC.