Remember Alamo But No Remain In Mexico

The Sup Ct gave Biden a “victory” by allowing an end to Trump’s “Remain in Mexico Policy”, but while perhaps legally justifiable, it paves way for untold more migrants to enter & be released into the US willy nilly.

Justice Roberts in a 5-4 decision (concurred in a separate opinion by Justice Kavanaugh) basically hung the ruling on the existing statutory law that says border officials “may return” migrants to a “contiguous territory” aka Mexico or elsewhere pending their immigration hearings; the key is how this directive is “discretionary.” Absent that mandatory directive from Congress, he concluded, “we will not rewrite it to include one.”

Justice Roberts also touched on the “foreign relations” dilemma facing Mr. Biden’s immigration team & how the executive branch has clearly been given a large amount of “discretion” by Congress in handling immigrants pouring across the border, up to and including “paroling” them. On the other hand, in a heated dissent, Justice Alito, joined by Justices Thomas & Gorsuch, argued the government simply does not have the authority to release migrants into the US on an ad hoc basis, i.e., if it is reasonable to believe they are not eligible for admission, “and hope they will show up for a hearing at which his or her entitlement to remain will be decided”, e.g., based on the law’s asylum provisions.

Davd Soul