The Department of Homeland Security (DHS) said that it has ended a Trump-era policy requiring asylum-seekers to wait in Mexico for hearings in
US immigration court, hours after a judge lifted an order, in effect since December, that the so-called Remain in Mexico rule be reinstated.
The timing had been in doubt since the US supreme court ruled on 30 June that the Biden administration could end the policy.
Homeland security officials had been largely silent, saying they had to wait for the court to certify the ruling and for a Trump-appointed judge, Matthew Kacsmaryk, in Amarillo, Texas, to then lift his injunction.
The supreme court certified its ruling last week and critics of the policy had been increasingly outspoken about the Biden administration’s reticence on Remain in Mexico, calling for an immediate end to it.
“It’s a zombie policy,” Karen Tumlin, founder of Justice Action Center, an immigration litigation organization, said last week.
The program now will be unwound in a “quick, and orderly manner”, DHS said in a statement. No more people are being enrolled and those who appear in court will not be returned to Mexico when they appear in the US for their next hearings.
The policy “has endemic flaws, imposes unjustifiable human costs, and pulls resources and personnel away from other priority efforts to secure our border”, the department said.
Many questions remain, including whether those whose claims have been denied or dismissed will get a second chance or if those whose next court dates are months away will be allowed to return to the US sooner, where many immigration courts are
struggling with backlogs and staff shortages. DHS said it will provide additional information “in the coming days”.