Plain-English summary
Court says DHS could end the 'Remain in Mexico' policy; reverses Fifth Circuit
The Supreme Court held that federal law (8 U.S.C. §1225) does not force the Department of Homeland Security to keep the Migrant Protection Protocols (MPP, or “Remain in Mexico”) in effect and that the Secretary’s October 2021 memoranda validly ended the program. The Court reversed the Fifth Circuit and sent the case back for further proceedings.
Why this matters
The ruling clarifies how much discretion the executive branch has to end immigration enforcement programs created by a prior administration. It affects how future presidents can change or rescind large immigration policies without being forced by courts to keep them in place.
Who may feel it
- Noncitizens subject to immigration screening at the U.S. southern border
- State governments that challenged the policy and other states monitoring immigration flows
- The Department of Homeland Security and future administrations altering immigration programs
- Immigration lawyers, advocates, and border communities
Key questions
- Does 8 U.S.C. §1225 require DHS to continue implementing MPP (the 'Remain in Mexico' policy)?
- Did the Fifth Circuit err in concluding that the Secretary’s decision to end MPP had no legal effect?