The Supreme Court ruled Tuesday against the Biden administration’s attempt to end former President Donald Trump’s “Remain in Mexico” policy.
In a 6-3 vote, the court rejected the administration’s bid to block U.S. District Judge Matthew Kacsmaryk’s ruling that revived the enforcement of the policy. The high court said the administration failed to show the decision to end the policy was not arbitrary and capricious.
Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan dissented.
The administration formally repealed the policy in June despite the crisis at the border. Kacsmaryk ruled to reinstate the policy in early August, ruling the program was ended illegally. Kacsmaryk said the policy must be reinstated until it was “lawfully rescinded” and the administration had the capacity to hold all migrants. The ruling was not put in place immediately, and the Biden administration was given one week to file an appeal.