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The Supreme Court decided Biden et al. v. Texas et al. in a 5-4 opinion, upholding the federal government’s rescission of Migrant Protection Protocols (MPP) and the termination of the “remain in Mexico” asylum policy. The court held that rescission of the MPP via the U.S. Department of Homeland Security October 29th memo did not did not violate Section 1225 of the Immigration and Nationality Act and constituted final agency action on the issue. Previously, the Biden administration was reimplementing the MPP pursuant to a federal court injunction pending resolution of the case.

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