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Press Release // Immigration and Asylum

Supreme Court Rules on “Remain in Mexico” Case

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Global Refuge Staff

June 30, 2022

Contact: Tim Young | timothy.young@globalrefuge.org | 443-257-6310

WASHINGTON D.C. – The Supreme Court has ruled today on a case which examines the Biden Administration’s ability to end the Trump-era “Remain in Mexico” policy, sending it back to a lower court in a 5-4 decision. The policy has been used at least 70,000 times to send asylum seekers back to Mexico until their cases are heard. People forced back to Mexico often wait in dangerous and even deadly conditions since the policy was first enacted in 2019.

In response to the ruling, Krish O’Mara Vignarajah, president and CEO of Global Refuge said:

“The Supreme Court’s decision to remand Biden v Texas back to the lower court is a welcome development. It means, however, that the fight to help those fleeing persecution and seeking protection in the US continues.

Since 2019, more than 1,500 people forced to wait in Mexico have faced murder, rape, torture, kidnappings, and other violent acts. In April alone, despite additional protections that had been put in place by the Biden administration, three men were brazenly kidnapped from a van transporting them in Mexico. It is yet another failed deterrence tactic that contributes to desperate people seeking out increasingly dangerous pathways to safety in the U.S. — underscored by this week's heartbreaking and tragic loss of at least 53 souls seeking a better life.

America needs a functioning immigration system that is humane, capable of meeting the demands of 21st century crises, and that upholds our legal obligation to allow people fleeing persecution to seek safety inside our borders—Remain in Mexico fails on all accounts. We urge the lower court to put an end to this policy once and for all. Doing anything else is contrary to our values as a country, fails to uphold our obligation to protect asylum seekers and will cause the deaths of even more vulnerable people.”

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