Former President Donald Trump’s “remain in Mexico” immigration policy will be reinstated after the Supreme Court refused a Biden administration request Tuesday night to block a lower court ruling requiring the restrictions be put back in place.

The Justice Department sought to have the court stay a recent decision by a federal judge in Texas that ordered the Biden administration to “enforce and implement” the policy, known as the Migrant Protection Protocols, until it could be lawfully suspended.

U.S. District Judge Matthew Kacsmaryk, a Trump appointee, ruled on Aug. 13 the administration violated federal procedural law when it first suspended the border policy in January and when it fully rescinded the policy on June 1. The rescission, Kacsmaryk determined, was arbitrary and capricious in violation of the Administrative Procedures Act, which governs the administration of federal regulations.

The Justice Department asked the high court to block Kacsmaryk’s order, saying it would “severely disrupt” the administration’s operations at the border and that it threatened “to create a diplomatic and humanitarian crisis.”

The Supreme Court determined the government would not likely succeed on appeal on the merits of its claim that the administration’s rescission of the policy complied with the law.

“The applicants have failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious,” the court said in its order.

Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan granted the Justice Department’s stay application.

The Homeland Security Department said it plans to continue with its appeal of Kacsmaryk’s reinstatement order – the Supreme Court ruled narrowly on whether to pause the order as the government seeks a victory on the merits of its rescission of MPP – but will “comply with the order in good faith.”

“Alongside interagency partners, DHS has begun to engage with the Government of Mexico in diplomatic discussions surrounding the Migrant Protection Protocols (MPP),” the agency said in a statement.

The original complaint was filed on April 13 by Texas and Missouri, which claimed financial injury due to the rescission of the policy. The policy was first implemented in January 2019 and directed immigration authorities to return certain migrants to Mexico as they awaited their removal proceedings.

Missouri claimed the end of the policy forced it to direct more state resources to initiatives, including its Human Trafficking Task Force, stressed by the influx of migrants from the southern border.

Kacsmaryk said the Biden administration “failed to consider the main benefits of [the Migrant Protection Protocols]” and to adequately consider how states would be affected by the release of thousands of migrants into their jurisdictions.

The Supreme Court’s decision was handed down amid successive months of historically high illegal border crossings, a situation Homeland Security Secretary Alejandro Mayorkas recently called “unsustainable.” About 212,672 people were encountered attempting to cross the border in July, according to Mayorkas, the highest number in more than 21 years.

The White House did not immediately respond to a request for comment.