The Supreme Court has given its nod to review Migrants Protection Protocol policy. The Trump administration’s policy allows sending back of asylum seekers back to the Mexico border until their cases are heard in the United State’s courts. The Supreme Court has not clarified as to when it will hear the review petition. Until then, the policy will remain in force.
The policy was declared illegal by the various appeals court. The Supreme Court overturned the lower court’s order in March this year, saying that the policy will continue until the lawsuit challenging it is considered by the court.
Trump administration is known for its anti-immigrant stance. President Trump is explicitly vocal in announcing his hostility towards immigrants. The Supreme Court has also sided with the administration in recent years.
Migrant Protection Protocol Policy
The Migrant Protection Protocol policy was introduced by Trump administration in January 2019. It is popularly known as Remain in Mexico policy.
The policy requires immigrants to stay back in Mexico until the United States Immigration Court decides their fate. Initially, the policy was devised for San Diego but later incorporated entire borderline.
The real problem is that asylum seeker are subjected to inhumane conditions within Mexico borders. An advocacy group, Human Rights First has reported thousands of public cases of rapes, kidnapping and tortures against asylum seekers in Mexico.
The United States laws prevent sending people to countries where their life and freedom comes under threat on grounds of their race, religion, nationality, beliefs and their allegiance to social groups.
The Supreme Court ruling
The Remain in Mexico policy was declared illegal by the San Francisco court of appeals in March this year. The court cited US law which prevents deporting migrants to hostile conditions in their countries. The court order had the effect to prevent sending back of migrants at least from Arizona and California.
The Supreme Court, however, intercepted and overturned the ruling in favour of the administration in March. It allowed the continuance of the policy. The court said that the lawsuit against the policy will be heard and the final decision will be taken.
Now the Supreme Court has said on Monday that it will hear the review petition but hasn’t certified the date. The court’s schedule is already engaged till the end of this year. The review hearing will take place only in 2021.
Supreme Court’s recently passed a slew of judgements that reinforced Trump administration’s attempts to put a curb on immigration. The high court upheld Trump’s decision to restrict travellers from Muslim countries. It also ordered legal prevention to immigrant children coming to the US.
A large number of migrants still waiting
The policy enabled the administration to send back 60,000 asylum seekers to the Mexico border. Out of these 25,000 are still waiting to be heard by United States Immigration courts.
The hearings were stalled by Trump administration in May due to advent of coronavirus pandemic. Asylum seekers were told that they will get new dates after the expiration of suspension period in June.
Just 1% of the total cases heard were granted asylum. Rest of them were declared illegal. 94% of these migrants represented themselves through the hearing. Only 6% could afford attorneys.
Life is hell for these asylum seekers in their home countries. They face inhuman conditions. Their life and freedom remain under threat. But the Trump administration is apprehended by the surge of immigrants and has taken several measures to put a check on immigration.
Justice Department justifies the administration’s position to continue the policy. It said that only a minuscule of these migrants passes the test in Immigration courts. Department says that policy is necessary to control the influx of immigrants.