(CNN)The Supreme Court on Tuesday declined the Biden administration's request that it put on hold a lower court order requiring the revival of the Trump-era "Remain in Mexico" immigration policy.
The court's three liberal justices publicly noted that they would have granted the request to halt the lower court's order.
The controversial policy forces migrants to stay in Mexico as they await their US immigration court dates. It was suspended at the beginning of President Joe Biden's term and formally terminated months later.
Texas and Missouri sued to challenge the Biden administration's termination of the program. Earlier this month, US District Judge Matthew Kacsmaryk, a Trump appointee, said that the Biden administration violated the Administrative Procedure Act -- which requires that agencies take certain procedural steps when implementing policy -- in how it went about unwinding the program, formally known as Migrant Protection Protocols.
The Supreme Court's brief and unsigned order on Tuesday said the Biden administration had failed to show that it was likely to defeat the claim that the termination of the program was arbitrary and capricious.
Read More
In the petition it filed with the Supreme Court last week, the Biden administration argued the order reviving the program "would result in irreparable harm."
Biden's immigration plan runs into on-the-ground realities
"MPP has been rescinded for 2.5 months, suspended for 8 months, and largely dormant for nearly 16 months," the administration said. "The district court's mandate to abruptly re-impose and maintain that program under judicial supervision would prejudice the United States' relations with vital regional partners, severely disrupt its operations at the southern border, and threaten to create a diplomatic and humanitarian crisis."
The Supreme Court's rejection of the request sets the tone for how skeptically it will view emergency requests from the Biden administration, after, on several occasions during the Trump administration, the conservative court intervened to pause lower court orders interfering with that administration's policies.
"Tonight's decision not only leaves in place a district court ruling that requires the Biden administration to reinstate a program that has been defunct for months, but it also makes clear how much of a difference the change in administration makes when it comes to the justices and immigration policy," said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law.
"Of the 28 requests for stays from the Justice Department that the court granted during Trump's tenure, 11 were to freeze lower-court injunctions of controversial immigration rules," Vladeck added. "Here, the first time the Biden administration asks for the same relief, the court refuses to freeze an injunction -- one that requires reinstatement of one of those controversial rules."
This story has been updated with additional details.
Paid Content
Hong Kong - Latest news and coverage CNA
Plastic Surgeon Reveals The 1 Thing Every Woman Should Be… Skin Care Guru
Recommended 1/5
Analysis: Ron DeSantis has no idea what he's talking about
Analysis: Oh, so now Lindsey Graham wants to impeach a president?
Open Spaces, Historic Homes and Rising Prices Define Australia’s Capital, Canberra
Analysis: A Herschel Walker candidacy is a total nightmare for Senate Republicans
World's top level data center in Japan
Analysis: Ron DeSantis has no idea what he's talking about
Analysis: Oh, so now Lindsey Graham wants to impeach a president?
Analysis: Oh, so now Lindsey Graham wants to impeach a president?
Read More
COVID-19 - Latest news and coverage CNA
This 300x Magnifying Telescope Will Keep You Busy For Hours tech4-you.com
Retirement Villages Near Central Are Surprisingly Affordable Senior Living | Sponsored Listings
healthyday.online Doctors Baffled: Simple Tip Relieves Years of Joint Pain (Try…
Hearmore.asia 1970年前出生的香港居民现可免费试戴顶尖的欧洲助听器
去眼袋手术 | 搜寻广告 以下是 2021 年眼袋手术的价格。
StarLens 视达岚 这个498元新单筒望远镜真的比要价2万元的望远镜更好?
behealth.space Can CBD Oil Relieve Osteoarthritis And Joint Pain?
Move-in this month & rent your fully serviced unit from $12000 Dash Living - Serviced Units with 30+ Perks
8+128GB内存，10核CPU，可使用SIM卡，也可连接WIFI，赠送键盘！ 货到付款，顺丰包邮，平板电脑+键盘仅HK$699！
Paid Content
Rent a hotel for long stay in HK from $9,000/month -… Dash Living - Long Stay Hotel Residences 平价隐形牙套，就算係学生都负担得起！ Zenyum Doctors Baffled: Simple Tip Relieves Years of Joint Pain and… Health Today World's top level data center in Japan. AT TOKYO
More from CNN
Former New Zealand Olympic cyclist Olivia Podmore dies aged 24 Historian says Trump administration's deal with the Taliban… Dr. Fauci corrects prediction on when US may have control over… US Capitol rioter who wore 'Camp Auschwitz' sweatshirt offered…
Recommended by