Biden v. Texas: Remain in Mexico and the Bigger Questions

Parsing Immigration Policy, Episode 61

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Listen to "Biden v. Texas: Remain in Mexico and the Bigger Questions" on Spreaker.


The Supreme Court finished its 2021-2022 term with the release of Biden v. Texas, a case brought against the administration by the states of Texas and Missouri. Most of the media attention has focused on the Court’s finding that the Biden administration may rescind the Trump-era Migrant Protection Protocols (MPP) – often referred to as the “Remain in Mexico” – policy. But receiving little attention is that the key issues in the matter were remanded to the lower courts. These are the issues that will have lasting impact on immigration policy and how it is enforced.

Today’s episode of Parsing Immigration Policy highlights the issues that are left to be resolved, which will likely be making their way to the Supreme Court: Does the immigration law require the Department of Homeland Security to detain illegal migrants? Can the executive release on parole hundreds of thousands of illegal migrants? These questions go to the ability of the executive to simply refuse to enforce immigration laws.

To discuss this issue, we have brought together two individuals with extensive knowledge of immigration policy, including historical background, on the executive, judicial, and congressional levels. Andrew Arthur, Resident Fellow in Law and Policy at the Center, is a former immigration judge and counsel on the House Judiciary Committee, where he performed oversight of immigration issues. George Fishman, Senior Legal Fellow at the Center, served as DHS Deputy General Counsel and Acting Chief Counsel for U.S. Citizenship and Immigration Services under the Trump administration, after spending two decades as Republican Counsel for the U.S. House Judiciary Committee’s subcommittee with jurisdiction over immigration.

Mark Krikorian, the Center’s executive director and host of Parsing Immigration Policy, moderates this rebroadcast of the Center's recent panel.


Mark Krikorian is the Executive Director of the Center for Immigration Studies.


Andrew Arthur is the Resident Fellow in Law and Policy of at the Center for Immigration Studies.

George Fishman is a Senior Legal Fellow of at the Center for Immigration Studies.


Biden v. Texas: MPP May End, but Main Issue Is Unresolved

SCOTUS: Courts Cannot Enjoin Termination of MPP

Narrow MPP Ruling Punts on Real Question


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Intro Montage

Voices in the opening montage:

  • Sen. Barack Obama at a 2005 press conference.
  • Sen. John McCain in a 2010 election ad.
  • President Lyndon Johnson, upon signing the 1965 Immigration Act.
  • Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
  • Laraine Newman as a "Conehead" on SNL in 1977.
  • Hillary Clinton in a 2003 radio interview.
  • Cesar Chavez in a 1974 interview.
  • House Speaker Nancy Pelosi speaking to reporters in 2019.
  • Prof. George Borjas in a 2016 C-SPAN appearance.
  • Sen. Jeff Sessions in 2008 comments on the Senate floor.
  • Charlton Heston in "Planet of the Apes".