#Memo mexico series
In December 2021, DHS implemented a series of changes to the original Trump-era program. Not all of the asylum seekers sent to Mexico are Mexican nationals, many of them are from Central America.įollowing the lower court’s ruling that DHS had to reinstate the program, the Biden administration began negotiations with the Mexican government.
The "Remain in Mexico" program is dependent on Mexico’s agreement to take back immigrants returned to its country. In the decision, Roberts pointed out that "no administration has ever used" that section of the law "to return all such aliens that it could not otherwise detain." The courts should not interfere in foreign policy decisions But the Supreme Court disagreed.Ĭongress wrote that the government "may" return immigrants which does not mean they must. The appeals court ruled that since the law says the government "shall" detain all immigrants and detention capacity is insufficient, the government must then return to Mexico all immigrants that can’t be detained.
Under immigration law, Congress also says the government "may" return an immigrant back to the country they came from to await their immigration proceedings. Instead, DHS prioritizes which immigrants to detain. But DHS has never had the capacity to detain all immigrants awaiting proceedings. The law says an immigrant "shall" be detained while their immigration case is pending.
0 kommentar(er)
