President Joe Biden has been dealt yet another blow in his presidency, after the Supreme Court ruled against him by stating that his administration cannot legally repeal the “Remain in Mexico” policy that was introduced under his predecessor, former President Donald Trump.

On a ruling declared by the court on Tuesday, Justices decided that the President cannot overturn the immigration policy that was designed to keep migrants in Mexico whilst awaiting processing, with only three liberal Justices dissenting against the overall majority.


The ruling comes after President Biden rescinded the Trump-era policy back in June, a decision which a Texan Federal Judge declared unlawful.

The Department of Homeland Security expressed their disappointment at the decision, but stated that they will “comply for now.”

The policy and ruling

The “Remain in Mexico” policy, otherwise known as the “Migrant Protection Protocol,” was introduced in 2019 by then-President Trump, in a bid to stem the mass immigration that was coming across the US-Mexico border.


The policy prevented migrants from “third-party nations” from entering the United States via Mexico, instead forcing them to wait in the neighbouring nation as the US conducted official proceedings.

This policy prevented thousands upon thousands of migrants from illegally entering the country, an issue that President Biden now faces.

In the early months of his presidency, the US experienced a mass surge of immigration at the southern border, with holding facilities in states such as Texas operating at 700% overcapacity.

This came after President Biden briefly suspended the “Remain in Mexico” policy during his first week in office, having pledged to remove all Trump-era immigration restrictions. According to research from Syracuse University, this policy prevented almost 32,000 migrants from entering the state of Texas alone, as many were unable to attend dates that had been set in US courts due to the policy.


DHS response

The Department of Homeland Security issued a statement after the ruling was declared, stating that they were disappointed and regretted “that the Supreme Court declined to issue a stay,” before vowing to fight the decision through every possible avenue.

The statement continued, with the DHS, revealing that they had launched an official appeal against the order, before stating that as the appeal is processed, the department will comply with the order “in good faith.”

During its ruling, the Supreme Court cited a decision made in 2020 against President Trump, preventing him from reversing a popular Obama-era policy, the DACA program.


The decision stated that then-President Trump could not overturn the policy as he ran “afoul of procedural rules set out for such policy changes.”

The Supreme Court referenced this decision when ruling against President Biden’s attempts to overturn one of Trump’s policies, stating that the same reasoning declared can be applied in this case.