A federal judge in Texas ruled Friday that the Biden administration must reintroduce the "remain-in Mexico" border policy authorized by former President Donald Trump.
Matthew Kacsmaryk, District Judge, ordered officials to "enforce" and implement the policy also known as the Migrant Protection Protocol. The court found that the administration had violated federal procedural laws when it suspended the border policy in January, and then when it rescinded it completely on June 1. The judge ruled that the policy should be kept in force until it can legally be suspended.
In Friday's order, Kacsmaryk stated that defendants were ordered to implement MPP in good-faith until it is lawfully repealed in compliance [Administrative Procedures Act]" and until the federal government has enough detention capacity to detain any aliens subjected to mandatory detention. The lawsuit was brought by the state of Missouri and Texas.
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On April 13, the two states filed a lawsuit against the Biden administration, claiming financial injuries due to the cancellation of the policy. It was first implemented in January 2019. In order to expedite their removal proceedings, the policy instructed immigration authorities to send certain migrants back to Mexico.
Missouri claimed that the end to the policy had meant more resources were needed to fund various programs, including the Human Trafficking Task Force.
Kacsmaryk was sympathetic to these claims and said that the administration wasn't deliberative enough or failed to take into account the costs states would face if they accepted migrants.
Kacsmaryk decided that the termination was arbitrarily and capricious. This standard is set out in the Administrative Procedures Act.
Kacsmaryk stated that the Biden administration failed to recognize the main benefits of MPP. This included the fact that it prevented migrants from crossing the border illegally, allowed the Department of Homeland Security not to violate federal immigration law's detention requirements and decreased the burden on states due to tens of thousand of aliens being released.
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This decision comes as an unprecedented number of migrants continue to illegally stress the southern border each month. According to Alejandro Mayorkas, Homeland Security Secretary, approximately 212,672 people attempted to cross the southern frontier in July. This is the largest number of migrants seen in 21 years.
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Mayorkas called the influx unsustainable because of the pressure.
Mayorkas stated in a secret conversation with Border Patrol that he was in Mexico a few days ago and said, "If our borders are the first line defense, then we're going lose. And this is unsustainable." "We cannot continue this way, our field personnel can't keep up, and our system wasn't designed for it."
Washington Examiner reached out to DHS and White House representatives for clarification.
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Tags: News, Border Security, Border Crisis, Immigration, Federal Courts, Biden Administration, Mexico, Law, Foreign Policy
Original Author: Jeremy Beaman
Original Location: Judge orders Biden administration's'remain in Mexico" policy to be resumed
