Judge Vacates Injunction, Clearing Way for Remain in Mexico Wind Down

A federal judge has vacated the injunction that forced the government to revive the Trump-era Remain in Mexico policy, which the government concluded had inflicted “unjustifiable human costs.” This officially clears the way for the Biden administration to end the policy, once and for all. Today’s ruling follows the Supreme Court’s certification of its decision in Biden v. Texas, which affirmed the administration has the legal authority to do so. The Biden administration should immediately halt all returns under the policy and act swiftly to bring those who remain stranded in Mexico to safety, in coordination with shelters and services organizations on both sides of the border.

“Today is the culmination of years of hard-fought advocacy by people seeking asylum, border communities, and litigators,” Blaine Bookey, Legal Director of the Center for Gender & Refugee Studies (CGRS), said today. “For over three years, the Remain in Mexico policy has exposed people seeking asylum to unspeakable violence. When CGRS and our partners sued, multiple federal courts agreed the policy is illegal. President Biden entered office with a promise to end the inhumanity of Remain in Mexico and redress the profound harm it has caused. With a green light from the Supreme Court, it is now time to fulfill that promise. The Biden administration should ensure that every person subjected to this heinous policy is provided a meaningful opportunity to pursue their asylum claims safely in the United States, with the support of the communities across the country that stand ready to welcome them.”