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Attorney General Merrick Garland. Photo: Samuel Corum/Bloomberg via Getty Images

The Biden administration is asking the U.S. Supreme Court to suspend a lower court's order that would force the administration to reinstate one of President Trump's border policies, which left tens of thousands of migrants to await asylum hearings in Mexico.

Why it matters: Ending the controversial Migrant Protection Protocols (MPP) policy was one of President Biden’s campaign promises, and he suspended the program on his first day in office. The administration has now brought thousands of impacted migrants into the United States — some of whom waited years in Mexico.

  • Now, unless the Supreme Court intervenes, federal courts may force the administration to reinstate the policy on Saturday — or at least make a good faith effort.
  • A federal appeals court refused to grant the administration their request for a delay in reviving the so-called "Remain in Mexico" policy late Thursday evening.

What they're saying: The Texas federal judge’s ruling from earlier this month “requires the government to abruptly reinstate a broad and controversial immigration enforcement program that has been formally suspended for seven months and largely dormant for nearly nine months before that,” states the government's Friday evening court filing.

Between the lines: Immigration advocates and Democrats often criticized the MPP program in which migrants were often forced to live in dangerous conditions.

  • Mexico is already taking in tens of thousands of migrants each month returned under another Trump-era policy linked to the coronavirus, called Title 42, which the Biden administration kept in place.
  • A Mexican official told Reuters that it was not feasible for the country to take in more migrants.
  • This comes as border numbers continue to rise, with July seeing a new record for unaccompanied minors attempting to cross the U.S.-Mexico border illegally. The administration also faces a separate lawsuit over its use of Title 42.

Go deeper

Texas urges Supreme Court to leave abortion ban in place

Photo: Emily Elconin/Bloomberg via Getty Images

Texas on Thursday asked the Supreme Court to keep in place a law that bans abortions after an embryo's cardiac activity is detected, which can be as soon as six weeks and before many people know they are pregnant.

Driving the news: Texas Attorney General Ken Paxton is asking the high court to ignore the Justice Department's emergency request that they temporarily block the law while federal courts consider its constitutionality since it "lacks standing because it has not been injured by SB 8."

Appeals court scraps order mandating COVID protections for immigrant detainees

ICE detention center in downtown Los Angeles. Photo: Mark Ralston/AFP via Getty Images

Judges on a federal appeals court Wednesday voted 2-1 to overturn an order requiring authorities to monitor and possibly release immigrants being held at detention centers if they are at high-risk for long term COVID-19 complications, the Los Angeles Times reports.

Why it matters: In its ruling, the San Fransisco-based panel said a federal district judge overreached in 2020 when he issued a preliminary injunction requiring the monitoring. The Trump administration appealed that ruling, and Biden's Justice Department continued to argue against it when he took office.

Supreme Court agrees to hear challenges to Texas abortion law

Photo: Saul Loeb/AFP via Getty Images

The Supreme Court on Friday agreed to hear two cases challenging Texas' abortion law, which bans the procedure as soon as six weeks into pregnancy, but left the law in place in the meantime.

Why it matters: The court is moving extraordinarily fast on the Texas cases, compressing into just a few days a process that normally takes months. And that schedule means the court will take up Texas' ban a month before it hears another major abortion case — a challenge to Mississippi's own 2018 ban on abortions after 15 weeks.