Originally posted by CNN and written by Ariane De Vogue and Priscilla Alvarez. Summary provided by McEntee Law Group.

The Supreme Court debated whether the Biden administration can end a Trump-era immigration policy called “Remain in Mexico.” 

Some conservatives on the Court argued that the Trump policy is necessary to stay in accordance with immigration law. However, liberal members of the Court were in support of the Biden administration ending the policy.  

Justice Elena Kagan expressed concern over the policy relying so heavily on Mexico’s cooperation.   

Under the program, the Department of Homeland Security (DHS) sent many non-Mexican migrants who entered the U.S. back to Mexico and simply wait while their cases unfolded. Many view the policy as inhumane and dangerous. 

The policy has contributed to growing pressure on the Biden administration over immigration decisions.  

The court found that the administration had not explained its decision-making process enough to end the policy. They also took away DHS’s discretion to allow certain immigrants to stay in the U.S. while their cases are pending if it lacks funding to detain them here. 

As of April, more than 2,300 immigrants have been sent to Mexico under the policy. The judiciary continues to debate how the immigration law should be interpreted.     

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