August 25, 2021

SCOTUS Decision Forces Reinstatement of Trump Era ‘Remain in Mexico’ Immigration Policy

Contact: Pablo Willis, 

Washington, DC   The American Constitution Society released the following statement regarding last night’s Supreme Court decision ordering the Biden-Harris administration to reinstate the Trump administration’s ‘remain in Mexico’ immigration policy.

“Yesterday, the conservative Supreme Court again did the bidding of the Right in blocking the Biden administration’s ability to rescind the Trump administration’s inhumane and dangerous ‘remain in Mexico’ policy. In upholding this deplorable policy, the Court blatantly ignored the Biden administration’s sound reasoning for rescinding this policy. The Court’s red herring reference to its decision last year pertaining to DACA is just that, an attempt to justify doing the bidding of the Right.

With its decision, the Supreme Court is dictating foreign policy in requiring the Biden administration to implement a policy that necessitates achieving a diplomatic deal with a sovereign country - in a week. The Court, put simply, is replacing the foreign policy judgment of the Biden administration with its own.

The Court’s conservative supermajority, achieved only through the theft of Justices Scalia and Ginsburg’s seats, will continue to use its authority to benefit its billionaire benefactors in the absence of court reform. I’ll say it again, we need to reform the Supreme Court, and seriously consider the possibility of adding seats. Otherwise, we will be acquiescing to the political whims of this stolen Court.”


ACS believes that the Constitution is “of the people, by the people, and for the people.” We interpret the Constitution based on its text and against the backdrop of history and lived experience. Through a diverse nationwide network of progressive lawyers, law students, judges, scholars, and many others, we work to uphold the Constitution in the 21st century by ensuring that law is a force for protecting our democracy and the public interest and for improving people’s lives. For more information, visit us at or on Twitter at @acslaw.