The Government criticizes but obeys the court order to reestablish 'Stay in Mexico' and negotiates with AMLO

Joe Biden's government criticized on Tuesday the Supreme Court decision that upheld the ruling of a Texas judge and forced him to immediately reinstate the

Stay in Mexico program

, a policy created by former President Donald Trump to force migrants to wait in the neighboring country for months or years to have their asylum applications resolved.

But he also trusted that his appeal of the district judge's decision would allow him to cancel the program permanently, and recalled that Title 42 (another Trump measure, in this case to return migrants at the border without offering them asylum due to the coronavirus pandemic) remains in effect.

The Department of Homeland Security (DHS) said it "respectfully disagrees with the district court's decision and regrets that the Supreme Court has refused to issue a stay" after requiring an emergency petition not to have to reactivate this migratory mechanism.

"The Department of Homeland Security has appealed the district court order and will continue to vigorously challenge it," he said in a statement.

While this appeal continues its course before the Fifth Circuit Court of Appeals, the Biden Administration assures that it will comply with the Supreme Court's ruling "in good faith," so that returns to Mexico will resume in the next few hours.

[The Supreme Court validates the judicial decision that obliges Biden to reestablish 'Stay in Mexico']

To do this, the Department of Homeland Security has already engaged in diplomatic talks with the Mexican government of Andrés Manuel López Obrador about the future of the Migrant Protection Protocols (MPP), the formal name of the

Stay in Mexico program

. 

The Mexican Ministry of Foreign Relations confirmed this contact, but pointed out: "Mexico is not part of the judicial process, which deals with a unilateral US measure," said the head of the North American unit of Velasco of the Ministry of Foreign Affairs, Roberto Velasco.

The Supreme Court forces the White House to reestablish the 'Stay in Mexico' program

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The judicial background

Biden suspended the

Stay in Mexico

program

the same day he arrived at the White House in January, and definitively ended this measure in June. 

But federal judge for the Northern District of Texas, Matthew J. Kacsmaryk, ordered the program to be reinstated within one week on Aug. 14, in response to a lawsuit filed by the states of Texas and Missouri.

Its governors, who have launched lawsuits to reintroduce some of Trump's anti-immigrant policies canceled by Biden, argued that this will reduce the flow of migrants arriving at the southern border.

["I suffered a lot".

At the age of 13, he crossed the border to meet his mother again: he spent 4 months in shelters and tried to harm himself]

The Biden government appealed the decision of Judge Kacsmaryk on August 17, before the Court of Appeals for the Fifth Circuit (which has not yet decided on the merits of the matter), and at the same time presented an appeal to paralyze its implementation until the case is resolved in court.

The Court of Appeals rejected that appeal, and the Supreme Court validated that rejection, so that Stay in Mexico will have to resume at least until there is a final judicial decision on its future. 

Despite this judicial setback, the Government assures that it has clear authority to determine which immigration policy to apply, and that its Secretary of National Security, Alejandro Mayorkas, has the discretion to decide whether or not to return asylum seekers to Mexico.

Child who cried after illegally crossing the border and was deported allowed to return to the US

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Organizations critical of the program allege that it prevents migrants from obtaining professional legal help in their cases in the United States, while sending tens of thousands of vulnerable people to Mexican border cities, where they may be victims of organized crime.