The government of the Democratic president seized the high court, with a conservative majority, at the end of December to examine the decision of an appeal court which ordered the maintenance of the program called
Stay in Mexicoimplemented in 2019 by the previous administration.
As soon as he arrived in the White House in January 2021, Joe Biden began to dismantle this controversial measure – officially called
Migrant protection protocols (PPM) – but a Texas court ordered his reinstatement in August.
The United States therefore had to partially reactivate it, in agreement with Mexico, while contesting the Texas decision before a federal appeals court, without winning.
The Supreme Court is due to consider this case in April, according to court documents seen by AFP. A decision is expected in the summer.
The programPPM does not apply to Mexicans, but forces asylum seekers arriving in the United States through Mexico to stay there while their claim is heard. He is widely criticized by civil rights associations.
Over two million migrants arrested in 2021
Between January 2019 and December 2020, at least 70,000 asylum seekers – mostly from Central America – were returned to Mexico under this program, creating a humanitarian crisis exacerbated by the COVID-19 pandemic, according to the American Immigration Council organization.
The left wing of the Democratic Party was expecting a 180-degree turn from Joe Biden on immigration, after four Republican years under Trump spent locking down US borders.
Migration flows, which fell sharply at the start of the pandemic, began to increase again even before Joe Biden took office and clearly jumped afterwards.
More than two million migrants who entered the United States illegally through Mexico were arrested in 2021, according to official statistics, setting a record high.