June 30, 2022 – US Supreme Court Rules Biden Administration May End Trump-Era “Stay in Mexico” Policy

In a 5-4 decision, the US Supreme Court ruled the Biden administration may end the “Stay in Mexico” policy first enacted in 2019 by the Trump administration. The policy required non-Mexicans seeking asylum to stay in Mexico while moving through their court proceedings in the United States.

Chief Justice John Roberts, writing the majority opinion joined by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan, stated: “Congress conferred contiguous-territory return authority in expressly discretionary terms.” Justice Brett Kavanaugh wrote a concurring opinion, while Justices Samuel Alito and Amy Coney Barrett wrote dissenting opinions and were joined by Justices Clarence Thomas and Samuel Alito.