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Biden v. Texas: The Case Before the Supreme Court

The lower courts challenging President Biden’s attempt to wind-down Remain in Mexico (MPP) are unfairly hampering the Administration from fulfilling its campaign promises to create a nation of laws and policies that value fairness, dignity, and equality. We need the Supreme Court, in Biden v. Texas, to make clear that any presidential administration should have the freedom to implement its own policies.

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Bipartisan Briefs Filed: Biden v. Texas

The lower courts challenging President Biden’s attempt to wind-down Remain in Mexico (MPP) are unfairly hampering the Administration from fulfilling its campaign promises to create a nation of laws and policies that value fairness, dignity, and equality. This case is so critical that 11 briefs were filed in support of the Biden Administration’s position reflecting different impacts.

 

Sign the Pledge: Biden v. Texas

We need the Supreme Court to affirm a presidential administration's freedom to implement its own policies and end the inhumane Remain in Mexico policy. Sign this pledge to take action.

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The lower courts challenging President Biden’s attempt to wind-down Remain in Mexico (MPP) are unfairly hampering the Administration from fulfilling its campaign promises to create a nation of laws and policies that value fairness, dignity, and equality. Returning all people seeking asylum to inhumane and unsafe conditions in Mexico or detaining them indefinitely would be cruel, barbaric, and contrary to the law and our values. We need the Supreme Court, in Biden v. Texas, to make clear that any presidential administration should have the freedom to implement its own policies.

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The lower courts challenging President Biden’s attempt to wind-down Remain in Mexico (MPP) are unfairly hampering the Administration from fulfilling its campaign promises to create a nation of laws and policies that value fairness, dignity, and equality. Returning all people seeking asylum to inhumane and unsafe conditions in Mexico or detaining them indefinitely would be cruel, barbaric, and contrary to the law and our values. We need the Supreme Court, in Biden v. Texas, to make clear that any presidential administration should have the freedom to implement its own policies.

What's at Stake

In Biden v. Texas, the Supreme Court will decide whether the Biden Administration can exercise its discretionary control of border policy to discontinue the Remain in Mexico program (MPP). Under Remain in Mexico, the Trump Administration returned asylum seekers to (or stopped them in) Mexico. After extensive review following President Biden’s inauguration, the Department of Homeland Security (DHS) terminated the policy in July 2021. DHS’s agency review concluded that Remain in Mexico had left asylum seekers in inhumane conditions, likely turned away legitimate asylum seekers, and put unnecessary strain on the U.S.–Mexico relationship.

Our Issue Areas

We must transform our entire immigration system #ForOurFamilies

Immigration

Delivering permanent protections #ForOurFamilies

Hundreds of thousands of DACA recipients could lose their protection from deportation, driver’s licenses, and ability to work in the United States if legal challenges to the DACA program are successful. The stakes could not be higher. That’s why Congress must deliver legislative protections for DACA recipients and provide them with a path to citizenship now.

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10-Year Anniversary of DACA

June 15 marks the 10-year anniversary of the DACA program

 

It has been 10 years since the DACA program took effect and transformed the lives of over 700,000 immigrants. Thanks to DACA, our country gave eligible people a chance to contribute their incredible talents that came with the ability to legally work, drive, and live without the constant fear of deportation.

Unfortunately, DACA remains under threat in the courts — making congressional action even more crucial to ensure DACA recipients are not stripped of their deportation protections. The stakes and urgency could not be higher for the DACA program and its nearly 700,000 recipients — making failure inexcusable for lawmakers in Congress. The consequences of another congressional failure would be the most devastating yet for DACA recipients and millions of people in their families and communities.

DACA’s tenth anniversary is an opportunity to highlight the program’s incredible success, while reminding our nation there is still work ahead to ensure DACA recipients and their families can stay together. The best way to celebrate this anniversary is to treat Dreamers with the respect they deserve and pass a permanent legislative solution prior to DACA making its way to the Supreme Court.

A Decade Of DACA Successes

The program that helped undocumented people strengthen the United States.

At, on average, 28 years old and living 22 years in the U.S.,

America is home for DACA recipients. They deserve a pathway to citizenship.

77% of DACA recipients are in the labor force

contributing an estimated $11.7 billion to the U.S. economy annually.

960,000 U.S. citizens live with DACA recipients

including 110,000 spouses and 590,000 children.

Most undocumented high school graduates ineligible for DACA

Immigration relief could boost U.S. economy by billions

For Our Families: Reyna’s Story

DACA has been life-changing for Dreamers like Reyna, but the program is not enough — only legislative protections and a pathway to citizenship will provide them with the certainty they need.

Reyna Montoya, a DACA recipient and teacher, smiles and claps here hands.

Reyna Montoya

DACA recipient

Reyna Montoya is a first generation DACA recipient. DACA has allowed her to work and live here in the country she calls home. Yet, the program remains under attack in the courts. It’s time for Congress to embrace its historic opportunity to pass permanent protections…

Reyna Montoya is a first generation DACA recipient. DACA has allowed her to work and live here in the country she calls home. Yet, the…

See Reyna's Story

DACA in the Courts

The Fifth Circuit Court of Appeals will hear State of Texas v. USA with a decision to be handed down this year. The ruling is anticipated to be negative, setting the stage for a Supreme Court fight next June. In its worst scenario, the Fifth Circuit ruling could, this year, end the ability for current DACA recipients to renew their protections. Eligible DACA recipients should consider renewing their protections as soon as they are able.

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Border & Asylum

Dignity for our Families Seeking Asylum: End Family Separation at the Border

Under the Biden Administration, America can stop family separation at the border and repair the harm of the family separation policy, to bring dignity to all our families.

Welcoming those seeking refuge from persecution is embedded in our nation’s laws, honoring the legacy of our Bill of Rights. Not only do families and children have a legal right to apply for asylum in the United States, but welcoming them together and with dignity is also the right thing to do and will help keep families and communities safe.

Take Action

A Dignified Asylum System #ForOurFamilies

It is long past the time to end family separation at the border and fix our failed asylum system. The Trump Administration took a failed immigration system and made it worse. Now under the Biden Administration, we have the opportunity to undo the cruelty and bring dignity to families trying to seek asylum.

The Trump Administration’s primary goal was to treat families seeking humanitarian protections, like asylum, so terribly that not only would they choose to return to the very places where their lives were in danger, but future people seeking asylum would be deterred by this inhumane treatment from even trying.

Trump used the COVID-19 pandemic as a pretext to continue his attacks on our legal asylum system. The Trump administration used policies like Remain in Mexico, Zero Tolerance family separation, Title 42, third-country agreements, the transit ban and metering, and dozens of others to both restrict immigration at the border and eliminate the entire asylum system. Parents at the border were also forced into a false binary choice: separating from their children or waiving their childrens’ Flores Settlement rights and remaining incarcerated together.

President Biden’s executive orders were welcomed and transformative news, and included an end to MPP, also known as the “Remain in Mexico,” policy, which forced tens of thousands of migrants and children fleeing violence and persecution to remain trapped in Mexico in inhumane conditions in tents for months and years, all within a few feet of the border. Approximately 25,000 individuals in MPP continue to have active cases.

In addition to the important series of steps to undo current systems keeping families trapped at the border, the Biden Administration announced a taskforce to reunify families. Family separation at the border tore more than 5,000 children away from their parents, and it is time to correct a grave wrong done to their families. And, the Biden Administration announced new steps they would be taking to increase the ability for future migrants to apply for humanitarian protections closer to home, and to increase the capacity of countries across the western hemisphere to better protect and care for migrants.

Changes are needed immediately as families continue to wait in desperation and under difficult conditions at the border. This must include an immediate halt to the deportation and expulsion of Black immigrants seeking asylum trapped in a failed system. Continued, urgent action must also include the proposed efforts to expeditiously expand legal migration pathways through dedicated refugee admission goals, family reunification programs, the expansion of existing employment programs, and a complete transformation of the asylum system.

The Biden Administration must bring order, an end to family separation, and dignity at the border #ForOurFamilies.

Border & Asylum

Take the Pledge: Stop Family Separation at the Border and Restore Dignity

We can have an immigration system that actually works and focuses on keeping families together, while prioritizing immigrants’ dignity to work, live, and establish the U.S. as their home.

Stop Family Separation

For Our Families: Restoring Dignity at the Border

It is key that we restore dignity for our families at the border by rebuilding the asylum system to a new fair, orderly, and humane process that upholds the best of what America can be, creating humanitarian protections closer to their homes, and increasing the capacity of Western Hemisphere countries to better protect and care for migrants. Learn more here.

Bipartisan Briefs Filed: Biden v. Texas

The lower courts challenging President Biden’s attempt to wind-down Remain in Mexico (MPP) are unfairly hampering the Administration from fulfilling its campaign promises to create a nation of laws and policies that value fairness, dignity, and equality. This case is so critical that 11 briefs…

The lower courts challenging President Biden’s attempt to wind-down Remain in Mexico (MPP) are unfairly hampering the Administration from fulfilling its campaign promises to create…

Watch

A New Approach at the Border

President Trump took a long failed immigration system and weaponized it. The separation of families at the border was part of a deliberate strategy to use cruelty to deter immigrants from coming to our country. But as a policy, it failed by any moral, substantive,…

President Trump took a long failed immigration system and weaponized it. The separation of families at the border was part of a deliberate strategy to…

Watch

Jose

Former Church Director & Father

Jose and his family, who were targeted because of their church affiliation, moved from town to town persevering through police and gang violence in El Salvador. This family was separated at the U.S.-Mexico border because in January 2019, the Trump Administration implemented the Migration Protection…

Jose and his family, who were targeted because of their church affiliation, moved from town to town persevering through police and gang violence in El…

Read Jose's Story

Our Issue Areas

Protections

For our Families

Support legislative protections and a pathway to citizenship #ForOurFamilies.

Dignity

For our Families

Our immigration system must focus on keeping families together, while prioritizing immigrants’ dignity to work, live, and establish the U.S. as their home.

News & Updates

Our Other Work

FWD.us Welcomes Introduction of the Dream Act

WASHINGTON, DC— Today, Senators Durbin (D-IL) and Graham (R-SC) introduced the Dream Act, which…

FWD.us Statement on the U.S. Citizenship Act of 2021

WASHINGTON, DC— Today, Senator Bob Menendez and Congresswoman Linda Sánchez introduced the U.S. Citizenship…

FWD.us Statement: Alejandro Mayorkas Confirmed as Secretary of Department of Homeland Security

WASHINGTON, DC — FWD.us President Todd Schulte issued the following statement today after the…

FWD.us Statement: Bold Immigration Reform Vital to Restoring the U.S.’ Moral Leadership

WASHINGTON, DC – FWD.us President Todd Schulte issued the following statement on the Biden-Harris…

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Pledge to Fight for Our Families

Join us in fighting for a pathway to citizenship and dignity for our families at the border that will protect families and allow a full economic recovery for all people in America.