Court Rejects Latest Effort to End Trump-Era ‘Remain in Mexico’ Policy; The 5th U.S. Circuit Court of Appeals Won’t Allow Reversal of Trump Remain-in-Mexico Policy, and related stories

Court rejects latest effort to end Trump-era ‘Remain in Mexico’ policy:

The U.S. 5th Circuit Court vehemently rejected the Biden administration’s appeal to allow an end to the Trump-era “Remain in Mexico” border management policy, taking the fight one step closer to the Supreme Court.

A 5th Circuit panel on Monday upheld a lower court’s determination that the Department of Homeland Security (DHS) improperly terminated “Remain in Mexico,” also known by its formal name, Migrant Protection Protocols (MPP).

The ruling by three Republican-appointed judges is the latest in a fight in which GOP-controlled states have sued the Biden administration to continue a border control policy they say is a “common sense” approach to implementing asylum law.

DHS under Biden has sought to end the policy, which immigrant advocates say violates U.S. statute and the federal government’s international obligations to give asylum-seekers a safe place to wait while their applications are processed.

The 5th Circuit’s decision, written by Trump-appointed Judge Andrew Oldham, drew immediate criticism from immigration advocates over its unorthodox style and final conclusions. —>READ MORE HERE

Court won’t allow reversal of Trump remain-in-Mexico policy:

A federal appeals court has dealt another blow to the Biden administration’s attempt to undo former President Donald Trump‘s policy requiring people seeking asylum in the United States to remain in Mexico while their asylum claims are processed.

In a Monday night ruling, the 5th U.S. Circuit Court of Appeals in New Orleans upheld a Texas-based federal judge’s decision maintaining Trump’s policy, formally known as the “Migrant Protection Protocols.”

President Joe Biden’s administration had appealed the August decision, but also began working with Mexico to reimplement the policy while the legal battle continued. Earlier this month, U.S. authorities sent the first two migrants back to Mexico under the reinstated policy.

Monday’s ruling by three 5th Circuit judges said the administration’s move to end the policy was arbitrary and violated a federal immigration statute requiring detention of those in the country illegally pending removal proceedings. If there is no capacity to detain them, Judge Andrew Oldham wrote for the panel, the statute allows the Department of Homeland Security to return them to “contiguous territories” while proceedings are pending. —>READ MORE HERE

Follow links below to related stories:

Appeals court rejects Biden administration’s bid to end ‘Remain in Mexico’ policy

Appeals court upholds order requiring revival of “Remain in Mexico” border policy

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