In a 5-4 opinion written by Chief Justice John Roberts, the high court rejected arguments by Republican-led states seeking to force officials to keep the policy.
The Supreme Court on Thursday cleared the way for the Biden administration to end the so-called"Remain in Mexico" policy, a program first implemented under President Donald Trump that required asylum-seekers to await their court hearings outside the U.S.
In his opinion, Roberts overturned a ruling by the 5th Circuit Court of Appeals that forced border officials to revive the Remain in Mexico rules, formally known as the Migrant Protection Protocols, in December. Roberts said the 1996 law authorizing the program does not require officials to return migrants to Mexico, but simply gives them the option to do so, noting the use of the word"may" in the statute.
Roberts also noted that a court order mandating the use of the Remain in Mexico policy interfered with the president's broad powers to conduct foreign policy, since the Mexican government must accept the return of migrants to its territory.
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