The ruling is a defeat for Arizona Attorney General Mark Brnovich who had been among state prosecutors seeking to keep the Biden administration from scrapping the policy.
Howard Fischer PHOENIX — The Biden administration is free to scrap the Trump-era"remain in Mexico" policy, the U.S. Supreme Court ruled Thursday.
"This court has repeatedly observed that the word 'may' clearly constitutes discretion," Roberts wrote for himself and four other justices."The use of the word 'may' in thus makes clear that continguous-territory return is a tool that the Secretary has the authority but not the duty to use." The ruling is a defeat for Arizona Attorney General Mark Brnovich who had been among state prosecutors who sought to void the Biden administration action. He argued that allowing the president to permit those seeking asylum to remain in the United States would incentivize people to come here illegally.
Earlier this year a federal judge tossed out a bid by Brnovich to use environmental laws to immediately force the administration to resume construction of the border wall. In that case the judge said arguments by Brnovich linking border wall construction and illegal immigration are both legally and factually flawed.
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