In June 2022, the Supreme Court ruled 5-4 that the Biden administration could end MPP, declaring that the Biden administration had not violated federal immigration law when it tried to end it. But the Supreme Court also returned the case to U.S. District Judge Matthew Kacsmaryk to decide if the Biden administration’s action was “arbitrary and capricious” and violated the Administrative Procedure Act.
Kacsmaryk stated in his ruling on Thursday that the assertion that Mayorkas considered the section revolving around the mandatory-detention obligation “does not adequately address the issue,” arguing that Mayorkas considered it “only to conclude he did not need to detain all inadmissible aliens as mandated by statute.”
