The Biden administration is facing withering criticism for resurrecting a Trump-era immigration policy that requires asylum seekers to wait in Mexico while their legal cases unfold in the United States.

After being sued by the states of Texas and Missouri, President Joe Biden restarted the Migrant Protection Protocols on Dec. 6. His Jan. 20 cancellation of the policy — also known as the Remain in Mexico program — was ruled improper by a Texas federal judge in August.

Refugee advocates have complained that the White House did not do enough to counter the court ruling that appeared to draw on a legal technicality to require reinstatement of the controversial policy created by the Trump administration in 2019.

“This administration says that it is in a battle for the soul of America — that’s true at the border as well. How the administration chooses to meet this moment — that is how it chooses to respond to the arrival of families and people seeking safety in our country — will define its legacy,” said Ursela Ojeda, senior policy advisor at the Women’s Refugee Commission.

Learn more about WRC’s work on asylum, legal, and human rights.