The U.S. Supreme Court’s conservative justices on Tuesday said that the Biden administration must reimplement the Trump-era “Remain in Mexico” policy while litigation plays out in lower courts.

The brief order states that the administration “failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious,” referring to the formal name for the policy. The court’s three liberal members, Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan, would have granted a stay requested by the federal government to put off the reinstatement of the program.