The Supreme Court appeared hesitant Tuesday to require the Biden administration to return to Mexico any migrant it doesn’t have room to detain, noting that no presidential administration has done so before and Congress has failed to fund sufficient detention capacity.
The justices heard about two hours of oral arguments in a legal challenge brought by Texas and Missouri to the Biden administration’s attempt to end the “Remain in Mexico” policy, also known as the Migrant Protection Protocols, or MPP.
The policy, launched under the Trump administration in early 2019 and panned by human rights advocates, required thousands of asylum-seekers to wait in Mexico for decisions in their U.S. immigration cases.
