On December 13, 2021, the 5th Circuit Court of Appeals ruled that the federal government is legally required to return migrants to Mexico. 
After the reimplementation of the Trump-era Migrant Protection Protocols (MPP), commonly referred to as the “Remain in Mexico” program,
The Justice Department urged the Supreme Court to reconsider the lower court rulings.
Lawyers for the administration argued that the federal appeals court that upheld a Texas federal district judge’s ruling had offered
“novel and erroneous interpretations” of immigration and administrative laws in requiring the MPP policy to be revived.