That appeal was unanimously denied Thursday by a three-judge panel of the 5th District Court of Appeals, a move that forced the Biden government to petition the Supreme Court. In a statement on Friday, the Justice Department said it is “reviewing the verdict and considering possible next steps.” Later on Friday, the department asked the US Supreme Court to suspend the restraining order.
“The discharge of this court is both urgent and well-founded,” wrote Acting Attorney General Brian Fletcher in the complaint.
This controversy over staying in Mexico stems from the record number of migrants, including many unaccompanied children, crossing the US-Mexico border to seek asylum.
The Biden administration has worked to implement more humane policies for migrants arriving at the border, end the Trump administration’s practice of separating families crossing the border together, and working to reunite those who were during Trump’s Presidency were separated. However, Biden has been criticized for continuing to rely on detention facilities for some migrants, including unaccompanied children seeking asylum in the United States
Vice President Kamala Harris has spearheaded the Biden administration’s efforts to combat conditions in the countries of the northern triangle of Guatemala, Honduras and El Salvador that have prompted migrants to seek refuge in the US, criticizing record numbers of migrants arriving this summer arrived at the border, a time of year when high temperatures usually prevent asylum seekers from approaching the border.
Josh Gerstein contributed to this report.