FWD.us Statement on U.S. Supreme Court’s Failure to Issue an Emergency Stay in the “Remain in Mexico” Order

WASHINGTON, D.C. – FWD.us President Todd Schulte issued the following statement on the U.S. Supreme Court’s failure to issue an emergency stay “Remain in Mexico” order, the policy also known as MPP which was instituted by the Trump Administration:

“The U.S. Supreme Court’s failure to issue an emergency stay in the clearly unlawful, politically motivated Remain in Mexico order is extremely disappointing and will result in dangerous and in many cases deadly conditions for people seeking asylum in the United States.

“In the strongest possible terms, we urge the Biden Administration take every step legally possible to protect vulnerable populations at the border by continuing to mitigate harmful policies and work expeditiously to repeal MPP within the confines of this dubious legal decision.

“It is equally important to be clear that they absolutely can and still must end Remain in Mexico — and the Biden administration must do so.

“Today’s decision is particularly difficult to understand in the context of the unprecedented number of interventions by the Supreme Court at the behest of the Trump Administration to stay lower court orders blocking numerous Trump initiatives, including, astonishingly, the Remain in Mexico policy itself. In addition, the Court appears to have ignored the significant human cost and severe harm to the foreign policy interests of the U.S. that will be caused by reviving this terrible policy.

“The Biden Administration must reject a return to policies that tear families apart, or that subject people seeking asylum to horrific conditions while further destroying an already broken asylum process by any legal means necessary. We can and must be a country that welcomes families seeking refuge for whom our country may be their last, best hope. ”

Earlier this month, FWD.us issued a new report released with the National Immigrant Justice Center (NIJC) titled Pushing Back Protection: How Offshoring and Externalization Imperil the Right to Asylum, which outlined how affluent nations like the United States, European Union Member States, and Australia prevent asylum seekers and migrants from reaching their shores. The report found that by offshoring asylum obligations and externalizing enforcement actions, these nations have denied thousands of asylum seekers their legal rights. The harsh practices certain nations have used to keep vulnerable people away from their borders have resulted in unimaginable harm, including sexual violence, torture, and death. Offshoring and externalization tactics, such as the MPP policies instituted by the Trump Administration, have also driven asylum seekers to take more dangerous routes – often to another nation’s border where they face similarly cruel and ineffective measures.

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