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USAFacts
USAFacts
National

Supreme Court agrees to review 'Remain in Mexico' policy

On February 18, the Supreme Court agreed to review whether the Biden administration’s ending of the Migrant Protection Protocols was legal. The policy, otherwise known as Remain in Mexico, requires people fleeing persecution who arrive at the southern US land border to wait in Mexico as they wait for their immigration hearing. It only applies to people from countries other than Mexico.

Beginning under the Trump administration in January 2019, the program was a change from the previous policy of allowing migrants seeking protection to stay in the United States while awaiting immigration proceedings.

A federal district appeals court ruled in August 2021 that the policy must remain in place. According to new data released in February, 673 people have enrolled in the Migrant Protection Protocols since it was restarted.

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