Biden DOJ’s petition for emergency stay was recently denied by the Supreme Court, forcing Biden’s administration to reinstate the “Migrant Protection Protocols” set in place by the Trump administration. The “Remain in Mexico” policy, as it’s better known, was temporarily blocked by President Joe Biden during his first days in office via an executive order.
The Associated Press reported on the 6-3 ruling against the Biden administration, commenting that Biden’s actions were “likely [in violation of] federal law.” The report included how Biden attempted –and failed– to place the entire ruling on hold, with the Trump era policy being reinstated by a federal judge from Texas already last week.
Former President Trump’s “Remain in Mexico” policy forces migrants to remain south of the border while their asylum case is heard by immigration courts. The Biden Administration in its first days chose to undo that policy and allow asylum seekers to stay within U.S. borders after receiving a court date, which risks migrants running loose in the country never to return for their court date.
The Obama administration used a similar policy of weak border security known as “catch-and-release.”
The halting of the “Remain in Mexico” policy has been cited by many experts as the reason for the massive surge in illegal immigration activity at the southern border. Biden allowing those processed to cross the border before having their asylum claim processed has allowed untold hundreds of thousands of migrants to flow into the country that would never have dared to try under the Trump administration as they would have been made to stay on the Mexico side of the southern border. Instead, under Biden’s leadership, U.S. Customs and Border Protection encountered over a million immigrants at the border by the first half of the year.
The majority decision by the court didn’t offer specific rationale for the ruling, but pointed to their opinion on previous immigration law rulings, calling the Biden administration’s executive action “arbitrary and capricious.”
Missouri Attorney General Eric Schmitt alongside the Texas Attorney General’s office sued the Biden Administration for the executive order. Schmitt said after the court victory that the ruling represented “a huge win” both for the rule of law and border security and praised the victory over “federal government overreach.”
Author: Alicia Simmons