The Supreme Court on Thursday ruled in Biden vs. Texas that the Biden Administration can end what was called the “Remain in Mexico” border policy (aka Migrant Protection Protocols aka MPP).

American has seen a record number of immigrants trying to cross the border and even camp out nearby. That’s part of the MMP policy which essentially states that undocumented immigrants are detained and then placed to wait outside the border until their case is heard and decided.

Migrants at the border wait an average of two years before their case was decided. Immigrants camp out in tents in really degrading conditions. It’s a mix of people all from Latin America: Mexico, Colombia, Honduras, Guatemala, Nicaragua, and so forth.

The record number of migrants arriving has to do with worsening condition in their home country from the Covid-19 pandemic, political instability, and mass gang and military violence.

Under the “Remain in Mexico” policy and Title 42, which is a policy implemented at the start of the COVID-19 pandemic to quickly expel migrants, 2 million immigrants have tried to cross the border and were brought back to Mexico.

The Biden Administration and the Secretary of Homeland Security have tried to change efforts on America’s policy towards immigration. The President from the start of his administration wanted to end the “Remain in Mexico” policy. However, as the Secretary of Homeland Security was doing that last June, Texas and Missouri sued the Administration to keep the policy in place.

The District Judge who presided over the case, sided with Texas and Missouri and claimed that the Immigration Nationality Act and the Administrative Procedure Act, would be violated if the Biden Administration struck down Trump’s policy. The District Judge thought that the INA stated that America had only two options for immigration policy: either expel migrants or keep them at the border.

But the Supreme Court ruled against Texas and Missouri over the District Judge’s misinterpretation of the law. The INA does not give the United States only those two options.

The Court opinion states, “In the case of an alien . . . who is arriving on land . . . from a foreign territory contiguous to the United States, the [Secretary] MAY return the alien to that territory pending a proceeding under section 1229a.”

Justice Roberts accordingly stated that it is under presidential discretion and the INA does not limit this. Roberts added, “no administration has ever used section 1225(b)(2)(C) to return all such aliens that it could not otherwise detain.”

In an article by VOX, “Indeed, as Roberts indicates in his opinion for the Court, Kacsmaryk misread a key provision of federal law so egregiously that, if the Trump judge’s reasoning is taken seriously, no president has ever complied with this law since it was enacted 26 years ago.”

Now the Biden Administration can end the Migration Protection Protocols policy. But it might not do as much as they are hoping for. Title 42, which allows a border patrol and customs enforcement to quickly expel migrants to prevent further spread of any disease—is still in place.

The decision the Supreme Court made still allows the lower court Judge to make some corrections and further explain his decision. “This may not be the definitive victory President Biden is wanting. While he won his court case, there are more issues that need to be solved in Kacsmaryk’s court. Some might think he will use that to halt the Biden Administration’s efforts to end the program.”

What the decision will allow is how Biden plans on handling migrants whose cases are pending review, to see if they can enter the United States. What the Supreme Court decision means is that it is up to the discretion of the Biden Administration.

Governor Abbott is ramping up border security after the decision in Biden v Texas and the discovery of 53 immigrants—either in critical condition or death—in a semi-truck outside San Antonio.

“The Governor also announced that DPS will be implementing new vehicle inspection checkpoints targeting semi-trucks beginning immediately,” said the Governor’s office.

Abbott has announced increased providing various types of wiring to be placed in open spots in the border and securing 4 billion in funds for border security measures (most notably providing steel for more wall placement along the border).

“The Lone Star State will not sit idly by as the federal government chooses to ignore the historic number of illegal crossings, human smuggling, and drug trafficking of deadly fentanyl from Mexico into the United States. Our government has no greater responsibility than to provide public safety to its citizens,” said Governor Abbott.

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[Story by Jacob Lehrer]