Washington: The Supreme Court refused to block a court order requiring the Biden administration to reinstate a Trump-era immigration move known as the “Remain in Mexico” policy.

The policy, implemented by former President Donald Trump, requires asylum seekers at the southern border to stay in Mexico while they await hearings in U.S. courtrooms to determine their eligibility and status.

Three of the court’s more liberal justices – Justices Kagan, Sotomayor, and Breyer – would have accepted the application for a stay.

The Department of Homeland Security released a statement disagreeing with the ruling.

A federal judge in Texas had previously ordered that the program be reinstated last week. Both he and the 5th U.S. Circuit Court of Appeals refused the administration’s request to put the order on hold.

The Trump administration put the “Remain in Mexico” policy in place in 2019. It involved sending migrants back to Mexico, rather than releasing them into the U.S., as their asylum proceedings were heard.

The policy, in cooperation with Mexico, resulted in court tents being set up along the border in places like Laredo, Texas, where migrants could briefly enter for their hearings before going back to Mexico.

The Trump administration argued that the policy ended “catch-and-release,” which it saw as a major pull factor drawing migrants north.

Critics said the Remain in Mexico policy was cruel and led to migrants being put in danger in camps across the border.