Stay of “Remain in Mexico” Policy

Did You Know… why the Supreme Court blocked Biden’s efforts to overturn Trump’s “Remain in Mexico” policy? In a 6-3 decision, the Court issued an opinion claiming that Biden’s attempted reversal was “arbitrary and capricious.” This critera is established by the Administrative Procedure Act, which instructs courts to invalidate any agency action found to be “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” The Biden administration may still seek a path to appeal going through the Circuit courts, but for the time being, migrants must wait on the Mexican side of the border while waiting for their cases to be heard. 

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