FILE - People gather as Rev. Albert Rivera, bottom left, speaks during a protest of people waiting in Mexico as they hope to apply for asylum, May 19, 2022, in Tijuana, Mexico. The Supreme Court has ruled that the Biden administration properly ended a Trump-era policy forcing some U.S. asylum-seekers to wait in Mexico. The justices’ 5-4 decision for the administration came in a case about the “Remain in Mexico” policy under President Donald Trump. Within hours of the U.S.
The real upshot, immigration and legal experts said, is the finding that lower courts can’t temporarily block a wide swath of presidential immigration policies. Only the Supreme Court can “enjoin or restrain” those policies, including ones related to asylum, Chief Justice John Roberts wrote in the majority opinion — signaling a major clampdown on a legal strategy used by Texas and other conservative-led states to stifle Biden’s border efforts.
The legal offensive has been particularly effective under Biden, who has had several high-profile immigration policies stymied by Trump-appointed judges. In many cases, Schommer said, lower court injunctions stay in place long enough to “achieve the objectives of the parties that bring the lawsuits, at least in the short term,” even if the final ruling is unfavorable.
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