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AMICUS BRIEFS

THE HUMAN IMPACT

This important amici brief co-authored by Justice Action Center (JAC) and RAICES, tells the real-life stories of children, families, and adults who have been kidnapped, beaten, raped, trafficked, and extorted in Mexico while enrolled in Remain in Mexico program. 

The stories were collected and submitted by campaign partners: CLINIC, HIAS, Human Rights First, ImmDef, Las Americas, RAICES, Texas Civil Rights Project, Unlocal, and the Young Center.

The brief also details how the Remain in Mexico policy promotes de facto family separation, as parents are compelled to send their young children across the border alone in desperate attempts to protect them. Asylum seekers who are LGBTQ+, disabled, Black, Indigenous, or pregnant are especially vulnerable and targeted in these border camps

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WE'RE NOT ALONE.

Ten other briefs calling on the Supreme Court to recognize the Biden administration's power to revoke Remain in Mexico have been submitted. We've broken down what they say.

AMICUS BRIEF FROM

BIPARTISAN FORMER OFFICIALS OF THE DEPARTMENT OF HOMELAND SECURITY AND THE IMMIGRATION AND NATURALIZATION SERVICE

The lower court held that the Remain in Mexico policy cannot be rescinded, principally because of a provision of immigration law enacted in 1996. In this brief, a bipartisan group of former federal immigration officials—who collectively served every Presidential administration since (and including) Reagan—explain how Remain in Mexico is a purely discretionary policy that cannot be considered mandatory under any circumstances, and how the lower court misconstrued immigration law and ignored the long history of significant discretion Congress has given the Executive on immigration enforcement matters.

AMICUS BRIEF FROM

FORMER DHS SECRETARY JEH C. JOHNSON AND FORMER AMBASSADOR TO MEXICO ROBERTA S. JACOBSON

In this brief, former DHS Secretary Jeh Johnson and former Ambassador to Mexico Roberta Jacobsen explain the consequences of the lower court’s ruling on the U.S.-Mexico relationship. As they detail, Mexico was unable to provide the housing, logistics, and security it was responsible for under its 2018 agreement with the Trump Administration, which led the U.S. and Mexican governments to both decide (in 2021) to end Remain in Mexico. The lower court’s order voids that 2021 agreement, contravening longstanding precedent against judicial interference in foreign relations.

AMICUS BRIEF FROM

UNITED STATES CONFERENCE OF CATHOLIC BISHOPS, ET AL.

In this brief, the U.S. Conference of Catholic Bishops (representing the nation’s active Cardinals, Archbishops, and Bishops); the Catholic Legal Immigration Network (the nation’s largest network of nonprofit immigration legal services providers, with some 450 affiliates in 49 states); and Catholic Charities USA (a national organization representing more than 167 diocesan member agencies operating more than 2,600 service locations) explain how Remain in Mexico is not just unlawful, but also intolerably immoral, as it ignores the inviolable dignity of migrants seeking refuge by unnecessarily subjecting them to continued danger.

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AMICUS BRIEF FROM

THE BORDER PROJECT AND THE NATIONAL IMMIGRANT JUSTICE CENTER

AMICUS BRIEF FROM

CENTER FOR IMMIGRATION LAW AND POLICY, UCLA SCHOOL OF LAW

AMICUS BRIEF FROM

ADMINISTRATIVE LAW PROFESSORS

AMICUS BRIEF FROM

STATE OF ILLINOIS (AND OTHERS)

AMICUS BRIEF FROM

25 CITIES AND COUNTIES

AMICUS BRIEF FROM

PROFESSOR BENJAMIN EIDELSON

AMICUS BRIEF FROM

PUBLIC CITIZEN
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