On February 3, 2021, the U.S. Supreme Court agreed to cancel hearings in two upcoming immigration cases currently before the Court, putting both cases on hold while the Biden Administration reviews the policies at issue.
One case, Biden v. Sierra Club (previously Trump v. Sierra Club), is a challenge to the Trump Administration’s reappropriation of $2.5 billion in Defense Department funds for construction of the border wall. On January 20, 2021, President Biden ordered that construction of the border wall be suspended pending review.
The other case, Mayorkas v. Innovation Law Lab, Inc., et al.(previously Wolf v. Innovation Law Lab, Inc., et al.), is a challenge to the Department of Homeland Security (DHS)’s Migrant Protection Protocols (MPP) Program, more commonly known as “Remain in Mexico.” DHS suspended new enrollments to the program on January 21, 2021.