Supreme Court puts brief hold on lower court order requiring restart of 'Remain in Mexico' policy

The temporary move will allow the high court time to review the Biden administration's request to stop a lower court order earlier this week.

Published: August 21, 2021 9:38am

Updated: August 21, 2021 10:03am

Justice Samuel Alito late Friday night issued a brief stay on a recent federal judge’s ruling that would reinstate a Trump administration policy requiring asylum seekers to wait in Mexico while their cases are processed.

The four-day administrative stay will allow "the full court [to] consider" the Biden administration’s request for a longer stay, wrote Alito, who handles emergency matters from Texas for the court, according to the Huffington Post.

The "Remain in Mexico" policy was established by then-President Trump in 2018.

The Biden administration officially rescinded the policy June 1. However, Texas and Missouri sued to challenge the change, arguing the Trump policy dissuaded migrants from filing fake asylum claims and successfully entering the U.S. with them, the Huffington Post also reports.

The Biden administration argues migration has reached record highs despite the policy and wants a stay to remain in place while the case is resolved.

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