Judge Orders Biden Administration to Resume ‘Remain in Mexico’ Policy

Contact Your Elected Officials
The Epoch Times

The stoppage of the policy has contributed to the border crisis, ruling says

A federal judge on Friday said the Biden administration must resume a policy that sees asylum seekers wait in Mexico for their claims to be heard.

The Department of Homeland Security “failed to consider several critical factors” before axing the Trump era “Remain in Mexico” policy, U.S. District Judge Matthew Kacsmaryk, a Trump appointee, found.

That included ignoring how the program was beginning to lead to some immigrants with asylum claims that lacked merit voluntarily returning home, he wrote in a 53-page ruling.

Homeland Security Secretary Alejandro Mayorkas on June 1 of this year formally ended “Remain in Mexico,” though in practice it was stopped when President Joe Biden entered office on Jan. 20. In a memorandum (pdf) to top immigration officials, Mayorkas said a review determined the policy “does not adequately or sustainably enhance border management in such a way as to justify the program’s extensive operational burdens and other shortfalls.”

“Over the course of the program, border encounters increased during certain periods and decreased during others. Moreover, in making my assessment, I share the belief that we can only manage migration in an effective, responsible, and durable manner if we approach the issue comprehensively, looking well beyond our own borders,” he wrote.

The memo fails to mention some of the primary benefits of the program, which is known as MPP, Kacsmaryk said.

“At the very least, the Secretary was required to show a reasoned decision for discounting the benefits of MPP. Instead, the June 1 Memorandum does not address the problems created by false claims of asylum or how MPP addressed those problems. Likewise, it does not address the fact that DHS previously found that ‘approximately 9 out of 10 asylum claims from Northern Triangle countries are ultimately found non-meritorious by federal immigration judges,’ and that MPP discouraged such aliens from traveling and attempting to cross the border in the first place,” he said.

That made the policy change both arbitrary and capricious, the judge added. The Administrative Procedure Act states that agency actions that are “arbitrary, capricious, or an abuse of discretion” are ripe for being overturned by courts.

Kacsmaryk ordered the Biden administration to resume MPP, though he stayed his order for seven days to let the federal government seek emergency relief at an appeals court.

Texas Attorney General Ken Paxton, a Republican who brought the lawsuit with the state of Missouri, said the ruling showed the Biden administration “unlawfully tried to shut down the legal and effective Remain-in-Mexico program.”

Missouri Attorney General Eric Schmitt, another Republican, described the ruling as a “huge win for border security and the rule of law.”

The Biden administration did not immediately respond to requests for comment.

By Zachary Stieber

Read Full Article on TheEpochTimes.com

8.13.21 Ruling in Texas, Missouri v. Biden Administration PDF

81321-ruling-in-texas-missouri-v-biden-administration

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Is Trump’s Throw Down Going Down?

During a recent announcement at the White House, President Trump, and other participants appeared without ties and with there top shirt buttons undone.

Defying Mr. Softee

Revived after decades of decline, the Presidential Physical Fitness Test returns as a merit-based antidote to rising childhood obesity and chronic disease.

DOJ Releases Maxwell Proffer Transcript: CASE CLOSED?

DOJ released transcript and audio recordings of Ghislaine Maxwell’s proffer — an image-laundering operation to get herself a pardon for sex-trafficking crimes.

Common Sense Economics and Finance: Value Established for the American Republic

A infection has mutated federal finance into a condition of political inflation, and valueless FED money is proof that the Federal Reserve is the root cause of that condition.

Pastor Corey Brooks is Walking Across America!

Last night I got to fulfill a bucket list item. I got to meet one of my personal heroes of our time (after Donald Trump) Pastor Corey Brooks.

Kilmar Abrego Garcia Facing Deportation to Uganda After Rejecting Plea Offer, Attorneys Say

Attorneys for Kilmar Abrego Garcia allege U.S. authorities are threatening to deport him to Uganda after he declined offer to plead guilty to human smuggling charges.

‘Godfather of AI’ Warns Superintelligent Machines Could Replace Humanity

Geoffrey Hinton, the Nobel Prize-winning computer scientist who pioneered neural networks, says artificial intelligence is advancing too fast to control.

Trump Names 4 Judges to Fill Vacancies in North Carolina Courts

Trump announced 4 nominees to fill federal trial court vacancies in NC, tapping prosecutors, a magistrate judge, and a private practitioner for the state’s two district courts.

The Big Beautiful Bill Brings Big Changes for Taxpayers

The One Big Beautiful Bill Act includes tax breaks for an expansive range of taxpayers, while scrapping credits for energy-saving vehicles and home improvements.

Trump’s Tariffs Will Reduce Deficits by $4 Trillion Over Next Decade, Says CBO Report

A report released by the CBO predicted that President Donald Trump’s tariffs will reduce federal deficits by around $4 trillion over the next decade.

USDA Issues Memorandum Prioritizing American Energy on National Forest Lands

Secretary Rollins said that the United States will no longer allow foreign-made solar panels or inefficient energy projects to undermine national security.

US Pauses Visas for Commercial Truck Drivers, Citing Safety and Other Impacts

The Trump administration will immediately pause the issuance of all worker visas for commercial truck drivers, Sec of State Marco Rubio said.

Chip Stocks Fall on Reports White House Seeking Equity in Exchange for Grants

Share prices of semiconductor companies fell following reports the Trump admin is considering taking equity stakes in exchange for federal funding.
spot_img

Related Articles