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.

The Sacred Honor of the 56

Today we're celebrating the sacred honor of the 56 men who signed the Declaration of Independence.

Alligator Alcatraz: A Bold Step Toward Secure Borders

Alligator Alcatraz funded through FEMA, represents a decisive move by the Trump admin to address illegal immigration with efficiency and resolve.

Is America Broke?

Silicon Valley investor and economic commentator Balaji Srinivasan made...

Hungary: Pride™ Cometh Before the Color Revolution

The EU engaged in a diplomatic siege of the Eastern European nation-state of Hungary pressuring it into embrace global trannyism or face wrath of Brussels.

Understanding the Trump/Musk Feud

The passion Trump and Musk exhibit over the OBBB is not contrived or for show. Each is addressing the problem from completely different approaches.

Noem Waives Environmental Restrictions to Fast-Track Water Barriers in Rio Grande

DHS Sec Kristi Noem waived federal environmental laws to fast-track construction of 17 miles of waterborne barriers in the Rio Grande in South Texas.

Federal Officials Warn of ‘Lone Wolf’ Terror Threats on July 4, NY Governor Says

NY Gov. Kathy Hochul confirmed that federal officials informed her about a possible terrorist threat ahead of the July 4 Independence Day holiday.

Record 1 in 5 Buyers of New Cars Committing to $1,000-Plus Monthly Payments: Edmunds

The share of new car buyers committing to make monthly payments of $1,000 or more hit an “all-time high” in the second quarter of 2025.

US Economy Adds 147,000 New Jobs, Unemployment Rate Dips to 4.1 Percent in June

The U.S. job market remained strong in June, as labor conditions continued to hold up amid economic uncertainty.

US Keeps Pressure on Chinese Goods Amid Vietnam Trade Deal

Transshipping—rerouting goods through a third country to disguise the origin of the products—is a focal point of trade negotiations with Asian markets.

White House Report Reveals Top Earners, Staffers Working for No Salary

The Trump admin released its yearly report that shows the salaries for White House staffers, also revealing officials who aren’t accepting salaries at all.

Transportation Secretary Urges Governors to Remove Political Messages From Crosswalks, Intersections

Duffy sent letters to governors, mayor of D.C., and gov of Puerto Rico urging them to remove political messaging from intersections and crosswalks.

Bessent: US, India Near Agreement to Lower Tariffs

The United States and India are “very close” to a trade agreement, Treasury Secretary Scott Bessent said on Tuesday.
spot_img

Related Articles