Law & Order

Judge Orders Biden Admin To Enforce Trump-Era Remain-In-Mexico Policy After Texas, Missouri Lawsuit


A federal judge on Friday ordered the Biden administration to “enforce and implement” the Trump-era Remain-in-Mexico policy in response to a lawsuit from Texas and Missouri, which claimed that the administration’s attempt to terminate the policy was illegal and harmful.

The two Republican states had sought a preliminary injunction against the administration’s June 1 memo formally ending the policy — officially called the Migrant Protection Protocols (MPP). They argued that the ending of the policy was in breach of the Administrative Procedures Act (APA).

The ruling by Judge Matthew Kacsmaryk, orders the Biden administration “to enforce and implement MPP in good faith” until it has been “lawfully rescinded” in compliance with the APA, and until the federal government has enough detention capacity to detail all migrants subject to mandatory detention.

However, it notes the injunction is narrow and also states: “Nothing in this injunction requires DHS to take any immigration or removal action nor withhold its statutory discretion towards any individual thatit would not otherwise take.”

However, the court has stayed the applicability of the opinion and order for 7 days to allow the government to appeal it.

“My office has been leading the way nationally in fighting human trafficking, and the Biden Administration’s lax border policies increase the risk for human trafficking at the border and, in turn, in Missouri,” Missouri Attorney General Eric Schmitt said in a statement. “Today’s massive win was crucial – re-implementing the Migrant Protection Protocols will help secure the border and fight the scourge of human trafficking.”

“Together we sued, and just handed Biden yet another major loss!” Texas Attorney General Ken Paxton’s office tweeted.

MPP was established and expanded in 2019 by the Trump administration and involved sending migrants back to Mexico, rather than being released 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” — by which migrants were released into the U. S. — which it saw as a major pull factor drawing migrants north. Critics said the policy was cruel and led to migrants being put in danger in camps across the border.

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The Biden administration promised to end the policy and began processing migrants enrolled in MPP into the U. S. shortly after entering office. In June, it formally ended the program.

Missouri and Texas sued the administr… (Read more)

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