Federal judge orders Biden administration to reinstate 'Remain in Mexico' policy

[Leroy N. Soetoro]

https://www.usatoday.com/story/news/politics/2021/08/14/judge-orders-
biden-administration-reinstate-remain-mexico-rule/8136111002/

A federal judge has revived a Trump-era immigration policy that ordered
asylum-seekers to remain in Mexico as they waited for their U.S. court
hearings.

President Joe Biden halted the controversial Migrant Protection Protocols
border policy, known as "Remain in Mexico," during his first days in
office, making good on a campaign promise. The program required thousands
of non-Mexican migrants to wait in Mexico– an unprecedented handling of
immigration protocol.

Department of Homeland Security Secretary Alejandro Mayorkas in June
formally ended the program, saying keeping it intact "would be a poor use
of the department’s resources.”

However, Judge Matthew Kacsmaryk, a Trump appointee, directed the Biden
administration to reinstate the program, saying the administration “failed
to consider several critical factors” when ending the program. Kacsmaryk
delayed his order for seven days to give the administration a chance to
appeal.

Kacsmaryk said Mayorkas did not see the "benefits" of the program, which
deterred migrants from the border. He also said Mayorkas failed to heed
warnings from DHS officials who said the program's repeal would lead to a
surge in undocumented immigrants into the U.S and ignored the fiscal cost
to states of repealing the policy.

The lawsuit was brought in April by the Republican attorney generals of
Texas and Missouri, who argued that ending the program led to a surge in
migration at the U.S.-Mexico border.

The policy was "arbitrary and capricious because they did not provide any
justification for the change in policy nor consider relevant factors in
making that change," the Immigration Reform Law Institute said in an
amicus curiae supporting Texas and Missouri.

The institute also pointed to the administration ignoring "the costs that
Plaintiff States would incur as a result of the suspension of the MPP
program."

In his ruling, Kacsmaryk said Mayorkas' June memo formally ending the
program violated federal law.

The policy must remain in effect until the Biden administration has the
ability to detain all asylum-seekers, in accordance with U.S. immigration
law, and until the MPP is "lawfully rescinded."

More:Stuck in Mexico for the past year, asylum seekers at the Arizona
border forged close ties. They may be severed under Biden

The DHS, in partnership with the Department of Justice, rolled out the
policy on Jan. 29, 2019, at the San Diego-Tijuana border region.

In past decades, asylum-seekers were allowed to wait for their immigration
trial hearings in the U.S. The Trump administration implemented MPP to
crack down on asylum and unauthorized immigration at the U.S.-Mexico
border. It returned about 70,000 asylum-seekers to Mexico from January
2019 until January 2021, according to The Associated Press.

The policy led many migrants to stay in Mexican border towns often in
unsafe and dangerous conditions.



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President Trump boosted the economy, reduced illegal invasions, appointed
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