ACLU Renews Calls for Biden Administration to Swiftly End Remain in Mexico After SCOTUS Sends Certified Judgment to Lower Court 

WASHINGTON — The American Civil Liberties Union called on the Biden administration today to swiftly end the “Remain in Mexico” policy now that the U.S. Supreme Court has sent a certified copy of its judgment in Biden v. Texas to the U.S. Court of Appeals for the Fifth Circuit.

On June 30, the Supreme Court ruled that an injunction obtained by Texas and Missouri that required the Biden administration to continue operating the cruel policy should never have been issued. Today’s action formally conveys that final ruling to the lower courts.

In October, 2021, Homeland Security Secretary Alejandro Mayorkas issued a memorandum providing that “the termination of [Remain in Mexico] will be implemented as soon as practicable after a final judicial decision to vacate the Texas injunction.”

Jonathan Blazer, director of border strategies, issued the following statement:

“Now that the Supreme Court has issued its certified judgment, the Biden administration must ensure the lower courts vacate the injunction without delay, and that DHS implements its final termination of this cruel policy. The Biden administration must also swiftly transition all people who have been unjustly forced to wait in Mexico to the U.S. to pursue their asylum claims.

“Our government has had more than enough time to put in place measures to ensure an orderly, efficient, and humane process for people to seek safety at our borders. The Biden administration made a clear campaign promise to end Remain in Mexico, fought hard to end this policy, and must now see its promise through to the end without excuse or delay.”