President Biden suspended and then ended the program. Texas and Missouri sued, saying they had been injured by the termination by having to provide government services like drivers’ licenses to immigrants allowed into the United States under the program.
On Aug. 13, Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northern District of Texas, in Amarillo, ruled that a federal law required returning noncitizens seeking asylum to Mexico whenever the government lacked the resources to detain them.
That was a novel reading of the law, the acting solicitor general, Brian H. Fletcher, told the justices. That view had “never been accepted by any presidential administration since the statute’s enactment in 1996,” including the Trump administration, he said.
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Politics Updates
- Herschel Walker files paperwork to enter next year’s Senate race in Georgia.
- The House passed a major voting rights measure, but it has a steep path in the Senate.
- G.O.P. and Democratic lawmakers urge Biden to extend the troop withdrawal deadline.
Judge Kacsmaryk suspended his ruling for a week, and the U.S. Court of Appeals for the Fifth Circuit, in New Orleans, refused to give the administration a further stay while it pursued an appeal, prompting an emergency application for a stay in the Supreme Court. On Friday, shortly before the ruling was to go into effect, Justice Samuel A. Alito Jr. issued a short stay to allow the full Supreme Court to consider the matter.
The Supreme Court has had previous encounters with the program. In response to an emergency application from the Trump administration, the court revived the program last year after a federal appeals court blocked it.