Supreme Court Lifts Injunction Against Remain in Mexico Policy

On Wednesday March 8, the US Supreme Court granted a stay overturning an injunction against the administration’s “remain in Mexico” policy, officially called the “Migrant Protection Protocols” (“MPP”).  The injunctions was originally issued by the 9th Circuit Court of Appeals.

In setting forth the 9th Circuit’s injunction, Judge William Fletcher had acknowledged that the policy, which required these individuals to stay in Mexican border towns with extremely high rates of violent crime, poses serious harm to impacted potential immigrants.  The court acknowledged risks including “targeted discrimination, physical violence, sexual assault, overwhelmed and corrupt law enforcement, lack of food and shelter, and practical obstacles to participation in court proceedings in the United States.”

In granting the stay lifting the 9th Circuit’s injunction, the US Supreme Court issued a brief and unsigned order.  It  listed no actual argument or reasoning for overturning the injunction.

The Supreme Court ruling doesn’t impose a final determination in the underlying case. The District Court may still find the MPP violative on the merits.  The ruling also doesn’t deal  with other legal challenges currently brought against the policy in other courts. Justice Sonia Sotomayor was the only dissenting judge.