The justices are deciding the legality of a Trump-era policy known as 'Remain in Mexico.'
Next month, the Biden administration plans to lift Trump-era pandemic restrictions that blocked migrants from entering the U.S. Immigrant rights advocates are concerned about what happens when that goes away.
Under Title 42, migrants are able to make repeat attempts at crossing the border to make a full case for asylum. The year before Title 42 was implemented, the recidivism rate was a fraction of the current trend. Only 7% had attempted to cross more than once. Republicans and Biden critics have attributed the attempt to pare down and repeal"Remain in Mexico" to migration surges seen at the border in recent years. However, MPP enrollments dropped significantly at the outset of the global pandemic in early 2020 and its use was essentially superseded by the Trump administration's implementation of Title 42, which has been used more than 1.8 million times to rapidly return migrants to Mexico.
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