“If you’re trying to figure out what the policy is on any given day, it’s a big question mark.'
n April 26, the Biden Administration will argue before the U.S. Supreme Court that it has the authority to end a controversial Trump-era policy that requires migrants seeking asylum in the United States to wait in Mexico while their claims are reviewed—even as it has signaled a possible increase of the use of that same policy in the interim.
States have challenged the Biden Administration’s authority to end both policies, and ongoing litigation has complicated whether the Department of Homeland Security can lift the policies the way it wants to. In an April 1 call with reporters, a DHS official told reporters that they will “employ” MPP in “much greater numbers post-Title 42” to manage the flow of migrants at the border.
“Secretary of Homeland Security Alejandro N. Mayorkas has repeatedly stated that MPP has endemic flaws, imposed unjustifiable human costs, pulled resources and personnel away from other priority efforts, and failed to address the root causes of irregular migration,” a DHS spokesperson tells TIME. “DHS, however, is under a court order to reimplement MPP, which it continues to fight in the courts including in a challenge before the Supreme Court.
Without Title 42 or MPP in place, America’s immigration policy would largely return to what it looked like during the Obama years. Prior to 2019, migrants arriving at the border were either processed in immigration court or subject to expedited removal. Whether or not they were detained was subject to availability of detention facilities and discretion.
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