On August 24, the US Supreme Court, in a 6-3 decision along party lines, including three Trump appointed justices in the majority, refused to block an order by a Trump-appointed Texas federal judge, which had been upheld by a Fifth Circuit panel including two Trump-appointed judges, reinstating the cruel and inhuman "Remain in Mexico" policy against Central American asylum seekers. For a full report on the decision and reaction to it, pro and con, See LA Times:

https://www.latimes.com/politics/story/2021-08-24/supreme-court-biden-ending-trumps-remain-in-mexico-policy

"Remain in Mexico" which Trump and Miller named the "Migrant Protection Protocols" (MPP) in an excess of Orwellian cynicism, was a key part of the Trump/Miller agenda of closing off America's entire immigration system against immigrants from what Trump has called "shithole" countries - i.e. those located outside of Europe ("Countries like Norway", in Trump talk). However, as I will explain further in part 2 of these comments, this policy has actually been dormant for at least the past year. It has been largely replaced by using Title 42 of the US code to ban most immigration at the Mexican border for Covid-19 reasons. President Biden, so far, has left this widely criticized Trump/Miller policy in place.

In part because of the fact that even Trump had mainly abandoned the "Remain in Mexico" policy, the decision to revive it is another example of the Supreme Court''s role, not as an independent judicial body, but as an instrument of right wing political power dedicated to carrying out Trump's white supremacist immigration agenda even while he is out of office. This agenda, in turn, is at the heart of Trump's program for returning to power and setting up a fascist dictatorship in the United States.

This program depends on stoking up fear and hatred of Asian, African, Middle Eastern and Latin American immigrants - a strategy that worked for Trump in 2016 and which he is obviously hoping will work again in 2024.

Demonizing desperate Central American, mainly women and children, asylum seekers at the Mexican border and inventing a phony "crisis" over the fact that more brown-skinned immigrants may be able to come to the US through the Mexican border under President Biden than was the case when Trump was in the White House is at the heart of this strategy. - to which the ideological, right wing Supreme Court majority has now given its blessing.

Purely as a matter of law, this latest Supreme Court action makes little or no sense. I will explain this further in Part 2 of this 2-part series.

Roger Algase
Attorney at Law
Harvard College, A.B
Harvard Law School LL.B.