Supreme Court agrees to review MPP provisions

At President Biden’s request, the Supreme Court agreed to evaluate current provisions of the Migrant Protection Protocols (MPP).

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MPP specifics

The MPP, or “Remain in Mexico,” is a measure implemented during former President Donald Trump’s term in office, which states that asylum seekers must remain at the Mexican border while they receive a court date.

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Biden’s attempts to rescind the MPP

Since Biden took office, he has stated on multiple occasions that the MPP is an inhumane program as it infringes on the rights of vulnerable immigrants, who face a variety of risks while outside the US.

It is important to keep in mind that those who request political asylum are people who usually face risky situations such as persecution because of their religious beliefs, political opinion, race, gender, inter alia.

Legal provisions on the continuation of the measure

The Biden administration has twice attempted to eradicate the MPP through legal action.

However, in its first attempt, a Texas Judge ordered the program immediately reactivated, stating that it had not followed regular protocols in eliminating it.

Subsequently, Biden issued a memorandum again halting this rule, but the Fifth Circuit Court of Appeals declared this appeal invalid, so Biden had to continue implementation of the MPP in December 2021.

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The Supreme Court’s evaluation of the case

After learning of the Court of Appeals decision, Biden complied with the orders issued, but asked the Supreme Court to review the determination and thus reopen the possibility of permanently rescinding the MPP.

The Supreme Court granted this request and set Friday, February 25, 2022 as the date on which it will hear arguments from the Biden administration.

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