The application for a stay presented to Justice Alito and by him referred to the Court is denied. The applicants have failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious. See Department of Homeland Security v. Regents of Univ. of Cal., 591 U. S. ___ (2020) (slip op., at 9- 12, 17-26). Our order denying the Government’s request for a stay of the District Court injunction should not be read as affecting the construction of that injunction by the Court of Appeals.
Justice Breyer, Justice Sotomayor, and Justice Kagan would have granted the application.
BREAKING: The Supreme Court rules against the Biden administration in its attempt to end the "Remain in Mexico" program, a controversial Trump-era border policy. SCOTUS refuses to block a lower-court ruling that requires the gov't to reinstate the policy.— SCOTUSblog (@SCOTUSblog) August 24, 2021
As Fox News noted, the Court's ruling comes out of a recent lawsuit by Missouri and Texas suing to reinstate the "Remain in Mexico" policy:
Missouri and Texas sued the administration, claiming that ending the policy was both illegal in the way that it was done, and that it harmed both border states and states deeper in the interior by encouraging migrants and therefore fueling the crisis at the southern border.
"We are hopeful for a favorable ruling because it is clear that the Biden administration didn’t consider anything relevant to how it was working or notice and comment, and obviously we have a crisis at the border now," Missouri AG Eric Schmitt told Fox News in an interview last month. "Anyone who is paying attention knows we have a 21-year high in border crossings, drug traffickers, and human traffickers have been emboldened, and that affects not just Texas but states like Missouri."
The lawsuit claimed some of the migrants released would commit crimes in their states, that it would lead to an increase in human trafficking, and that it would lead to higher costs for the states in areas like education and health care.
Republicans on Twitter applauded the Court's decision.
Biden’s lawless & disastrous decision to end the Remain in Mexico Policy has led to over 1 million illegal aliens crossing our southern border.— Ted Cruz (@tedcruz) August 25, 2021
Tonight the Supreme Court made clear that Biden must follow the law and reinstate this incredibly important policy. #BidenBorderCrisis https://t.co/vQbVLiPXEb
Missouri Attorney General Eric Schmitt hailed Tuesday’s ruling as “a huge win for border security and the rule of law, and highlights our efforts to continually fight back on federal government overreach.” #BidenBorderCrisis #MPP #RemainInMexico https://t.co/yTvB38AXUz— Eric Schmitt (@Eric_Schmitt) August 25, 2021
The reinstatement of the "Remain in Mexico" policy is just the latest blow by federal courts to Biden's immigration policy agenda. Last month, the Deferred Action for Childhood Arrivals (DACA) program was suspended by a federal judge.
These court decisions come as Biden's Border Crisis reaches an all-time high. The New York Post Editorial Board wrote:
Even Homeland Security Secretary Alejandro Mayorkas, in leaked audio obtained by Fox News recently, acknowledged what anyone with eyes already knows: The massive influx of illegal migrants will come at a high cost to America.
“If our border is our first line of defense, we’re going to lose, and this is unsustainable,” Mayorkas said. “We can’t continue like this, our people in the field can’t continue, and our system isn’t built for it.”
Unsustainable is right: In July alone, US border agents encountered 212,000 migrants, a 21-year high, including 19,000 unaccompanied children. It’s a 13 percent increase over June’s 189,000 and follows increases every month since Biden took office.
Whether it be through litigation or otherwise, Republican state lawmakers are leading the way in protecting the Southern Border as the Biden Administration fails to do so.