(DailyVantage.com) – When President Joe Biden took office in 2021, he immediately started undoing his predecessor’s work. One of his main focuses was the border wall and immigration situation. Since then, more than 2 million migrants have crossed the southern border. One of the changes the Biden Administration was trying to end was the Remain in Mexico policy. Also known as the Migrant Protection Protocols (MPP), the move expels immigrants to Mexico while they wait for their immigration hearings and asylum. A federal judge has just ruled that the policy must remain in place — handing the administration another setback.
On Thursday, December 15, US District Judge Matthew Kacsmaryk issued a stay, keeping the so-called “catch and release” program in effect until the cases brought by Texas and Missouri wind their way through the lower courts.
Texas federal judge rules for a second time that the DHS can’t end a Trump administration program that forced asylum seekers to wait outside the country while their claims are resolved. Centers on Remain in Mexico case that went to SCOTUS last term https://t.co/8Q2hlUVTYm
— Ellen M. Gilmer (@ellengilmer) December 16, 2022
The question at hand is whether the Biden Administration is violating the Administrative Procedure Act in rescinding the MPP. While the Supreme Court originally ruled that it was legal to end the policy, it returned the case to Kacsmaryk. The judge had to determine whether the Biden Administration’s dismantling plan violated federal laws. Ultimately, he ruled that the White House failed to consider the harm to the states most affected by immigration. For now, the policy will remain in effect. Texas Attorney General Ken Paxton (R) celebrated the win on Twitter.
I sued Biden nearly 2 yrs. ago to keep Remain-in-Mexico. The Admin played games all the way to SCOTUS, but tonight Texas & USA WINS.
I just secured an order from a federal court ordering Biden not to scrap the program.
Biden’s open-border agenda won’t survive my legal attacks.
— Attorney General Ken Paxton (@KenPaxtonTX) December 16, 2022
The administration is currently evaluating its next options.
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