‘Just When You Thought The #BidenBorderCrisis Couldn’t Get Worse’: Biden Again Trying To Block ‘Remain In Mexico’ Policy | Eastern North Carolina Now

    Publisher's Note: This post appears here courtesy of the The Daily Wire. The author of this post is Hank Berrien.

    On Wednesday, the Biden administration asked the Supreme Court to help it jettison former President Donald Trump's Migrant Protection Protocols (MPP) policy, also known as the "Remain in Mexico" policy.

    The Biden administration asked whether the Department of Homeland Security had to continue implementing MPP and whether "the court of appeals erred by concluding that the Secretary's new decision terminating MPP had no legal effect."

    Last June, Secretary of Homeland Security Alejandro Mayorkas issued a memo terminating MPP. But then a district court vacated that decision, entering a permanent injunction requiring DHS to reinstate and maintain MPP unless Congress "funded sufficient detention capacity for DHS to detain all noncitizens subject to mandatory detention under Section 1225 and until the agency adequately explained a future termination," the Biden administration wrote.

    Also in June, it was reported that the Biden administration would permit at least 10,000 asylum seekers whose previous claims were denied or dismissed to register to enter the United States.

    Michele Klein Solomon, the International Organization for Migration's director for North America, Central America and the Caribbean, told The Associated Press in June that at least 10,000 migrants whose claims of asylum were denied by the Trump administration's Migrant Protection Protocols (MPP) - commonly known as the "Remain in Mexico" policy - for failing to appear in court will start to register, ABC 11 reported.

    "The estimate seems low. There are nearly 7,000 asylum-seekers whose cases were dismissed - the vast majority in San Diego - and more than 32,000 whose cases were denied, mostly in Texas, according to Syracuse University's Transactional Records Access Clearinghouse," ABC 11 noted, adding, "In all, about 70,000 asylum-seekers were returned to Mexico under the policy introduced in San Diego in January 2019 and expanded across the border after then-President Donald Trump threatened Mexico with higher tariffs if it didn't do more to reverse a major spike in border crossings."

    In August, the Supreme Court gave the state of Texas a huge victory, ruling that the Biden administration had to reinstate the "Remain in Mexico" policy. The Biden administration had implemented a hold on the policy, but U.S. District Judge Matthew Kacsmaryk ruled earlier in August that the Biden administration had not given sufficient reason for the termination. The Biden administration then asked the Supreme Court to put Kacsmaryk's decision on hold. As the Texas Tribune reported:

    The Biden administration made an emergency request that the Supreme Court justices act, saying Kacsmaryk "fundamentally misunderstood" federal immigration law and improperly meddled in immigration and foreign policy decisions left to the executive branch. ... A panel of the U.S. Court of Appeals for the 5th Circuit had largely sided with Kacsmaryk and had refused the government's request to stay his ruling while considering the government's appeal.

    The six conservative justices of the Court agreed with Kacsmaryk's decision, writing:

    The application for a stay presented to Justice Alito and by him referred to the Court is denied. The applicants have failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious. ... Our order denying the Government's request for a stay of the District Court injunction should not be read as affecting the construction of that injunction by the Court of Appeals.

    On October 29, 2021, Mayorkas terminated MPP, but a federal appeals court blocked the decision. In December, Biden was ordered by the court to restart the program.

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