illegal migrants tijauana
© AFP via Getty ImagesSupporters of the policy say it has reduced the flow of migrants to the United States.
In a major win for the Biden White House, the Supreme Court ruled Thursday that the administration properly ended the Trump-era "Remain in Mexico" policy, which has forced many asylum seekers to wait south of the US border for their immigration hearings.

The 5-4 majority, led by Chief Justice John Roberts, found that the Department of Homeland Security's Oct. 29 memo terminating the policy was final.

"Nothing prevents an agency from undertaking new agency action while simultaneously appealing an adverse judgment against its original action. That is particularly so under the circumstances of this case," Roberts wrote in the court's opinion, which was joined by fellow conservative Brett Kavanaugh and liberals Stephen Breyer, Sonia Sotomayor and Elena Kagan.

The administration had repeatedly attempted to end the policy - formally known as the Migrant Protection Protocols - claiming that it was a poor tool for deterring migration, exposed migrants to unacceptable risks, and detracted from the Executive Branch's right to manage the borders as it saw fit.
trump border wall calexico
© Associated Press/Jacquelyn MartinPresident Donald Trump speaks as he visits a new section of the border wall with Mexico in Calexico, Calif., Friday April 5, 2019.
President Biden first paused the order immediately after taking office and the Department of Homeland Security issued an initial memo wrapping up the policy in June 2021.

The White House requested the Supreme Court hear the case after a lower court judge ordered the policy to continue in response to a lawsuit from Texas and Missouri, saying the administration had acted with "no input from Congress, no ordinary rulemaking procedures, and no judicial review."

About 70,000 people were enrolled in the program after President Donald Trump launched it in 2019 as part of his efforts to deter illegal migration. The program resumed in December, but barely 3,000 migrants had enrolled by the end of March, during a period when authorities stopped migrants about 700,000 times at the U.S.-Mexico border.

The policy forces many asylum seekers to stay south of the US border while they await immigration hearings.

migrants waiting southern border
© ReutersPresident Biden paused the “Remain in Mexico” policy immediately after taking office.
In their dissenting opinion, conservative Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch pointed to the record number of migrant encounters along the southern border saying, "DHS does not have the capacity to detain all inadmissible aliens encountered at the border."
"But rather than avail itself of Congress's clear statutory alternative to return inadmissible aliens to Mexico while they await proceedings in this country, DHS has concluded that it may forgo that option altogether and instead simply release into this country untold numbers of aliens who are very likely to be removed if they show up for their removal hearings," Alito wrote. "This practice violates the clear terms of the law, but the Court looks the other way."
In a separate dissent, Justice Amy Coney Barrett said she understood the majority's reasoning but argued that the whole case should have been sent back to the lower courts first before the high court intervened.

Thursday's decision was immediately criticized by Republican lawmakers and border officials who predicted lifting the policy would make the crisis at the southern border worse.

"The #BidenBorderCrisis is real. May saw the most illegal crossings in a month EVER. Now the Biden admin is forced to house unaccompanied children all the way in North Carolina," Rep. Richard Hudson (R-NC) tweeted. "Ending proven solutions like the wall, Title 42, and Remain in Mexico only make this crisis worse."

"The United States of America no longer has a southern border," Rep. Yvette Herrell (R-NM) posted. "If human trafficking, drug smuggling, and illegal immigration were bad before, we're about to see a once-in-a-lifetime disaster unfold under Joe Biden."

Rep. Andy Biggs (R-Ariz.) chimed in, saying, "Joe Biden has created the worst border crisis in our nation's history. Terminating 'Remain in Mexico' will only make the crisis worse. Just because the Court says you can doesn't mean you should."

"The disaster at our southern border is a crisis of Joe Biden's making. We need a president who will enforce our laws and secure the border — not one welcoming droves of illegal aliens," Sen. Tom Cotton (R-Ark.) tweeted.

Far-right Rep. Lauren Boebert (R-Co.) blasted Roberts as a "RINO" — or Republican in Name Only — for his decision to side in favor of the Biden administration.

"Meet RINO Roberts. Voted for Obamacare. Voted for vaccine mandates. Now votes to end the 'remain in Mexico' policy," she posted.

Texas Attorney General Ken Paxton said he was "disappointed" by the decision, calling the policy one of the "last and best protections" against the border crisis.

"I am disappointed in SCOTUS allowing Biden to dissolve the Remain-in-Mexico program, one of our last & best protections against the Dems' border crisis. I will [continue] to fight to secure our border & hold Biden accountable in my dozen other border-security suits in federal court," he tweeted.

"Remain in Mexico is one of the few tools Border Patrol has to quell the record number of illegal border crossings into our country," Rep. August Pfulger (R-Texas) posted. "@POTUS should NOT be pushing to end this policy!"

"I am deeply disappointed to see that #SCOUTS is allowing the Biden Admin to end Remain in Mexico. Our Border Patrol agents are already overwhelmed by the invasion at our southern border. Ending this will only create an even more catastrophic border crisis," Rep. Debbie Lesko (R-Ariz.) wrote.

North Dakota GOP Rep. Kelly Armstrong also piled on saying, "Our southern border is in crisis. Remain in Mexico helps our border agents address the problem, yet, the Biden admin is determined to throw it out. Rolling back commonsense policies will only make this crisis worse."

The Supreme Court handed down its decision as hundreds of thousands of migrants have attempted to enter the US in recent months, with border encounters hitting a staggering 239,416 in May alone.