The Supreme Court will hear oral arguments Tuesday in an immigration case that threatens to curb the power of presidents to reverse the policies of their predecessors — on the border and beyond.
The case centers on the Biden administration’s attempt to end the “Remain in Mexico” policy, also known as the Migrant Protection Protocols, shortly after taking office. The Trump administration launched that policy in early 2019, and it forced migrants to wait in dangerous areas of northern Mexico for decisions in their U.S. immigration cases.
Lower courts have ruled that the Biden administration didn’t follow the rules when it tried to follow through on a campaign promise and rescind the policy over humanitarian concerns. Those courts ordered the policy reinstated, and it remains in place.
