The Supreme Court on Wednesday said it would allow the Trump administration to continue enforcing a policy that makes asylum-seekers wait in Mexico for U.S. court hearings, despite lower court rulings that the policy is probably illegal.
The justices' order, over a dissenting vote by Justice Sonia Sotomayor, overturns a lower court order that would have blocked the policy, at least for people arriving at the border crossings in Arizona and California.
The lower court order was set to take effect on Thursday. Instead, the "Remain in Mexico" policy will remain in force while a lawsuit challenging it plays out in the courts, probably at least through the end of President Trump's term in January.
“We are heartbroken that 'Remain in Mexico,' a lethal policy that pushes thousands of vulnerable men, women, and children into dangerous situations without any access to due process, will remain in effect,” Jordan Cunnings, attorney at Innovation Law Lab — the main plaintiffs in the lawsuit challenging the order — said in a statement.
“The United States has a longstanding tradition of providing safe haven to people fleeing persecution. Through programs like Remain in Mexico, the Trump Administration is abandoning our moral obligations and practically eliminating the rights of refugees.”
The next step for the administration is to file a formal appeal with the Supreme Court. But the justices may not even consider the appeal until the fall and, if the case is granted full review, arguments would not be held until early 2021.
The high court action is the latest instance of the justices siding with the administration to allow Trump's immigration policies to continue after lower courts had moved to halt them. Other cases include the travel ban on visitors from some largely Muslim countries, construction of the border wall and the "wealth test" for people seeking green cards.
