The Supreme Court on Tuesday will hear arguments over the Biden administration’s effort to end a controversial Trump-era immigration measure that requires asylum-seekers at the southern border to stay in Mexico while their applications are processed.
The dispute will determine whether the Biden administration must continue the policy — which remains in effect — despite the Department of Homeland Security’s (DHS) conclusion that the measure is not in the United States’ national interest.
More broadly, the case concerns how much discretion the executive branch has in managing U.S. border enforcement policies, said Kevin Johnson, an immigration law expert and professor at the University of California, Davis.
“Historically, there’s been a great deal of deference given to the president and the administration when it comes to how to enforce the borders,” he said, noting that new questions arose under former President Trump about the scope of this authority. “And now we’ve got a new administration that wants to unravel or dismantle some of the Trump administration’s policies, and the question is how and what discretion does the executive branch have to do that.”
Keep reading at The Hill.