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Judge Stays Biden Administration’s Termination of ‘Remain in Mexico’ Immigration Policy; Biden Team Broke Law in Erasing Trump’s ‘Remain in Mexico’ Policy, Judge Rules

Judge stays Biden administration’s termination of ‘Remain in Mexico’ immigration policy:

A district judge stayed the Biden administration’s cancellation of the Trump-era “Remain in Mexico” policy on Thursday that forced thousands of asylum seekers to wait for their immigration hearings south of the border.

In the 35-page ruling, Judge Matthew Kacsmaryk argued that the Biden administration failed to “adequately consider costs to States and their reliance interests” and that there is a “likelihood of irreparable harm in the absence of preliminary relief.”

Texas Attorney General Ken Paxton and Missouri Attorney General Eric Schmitt sued the Biden administration to keep the “Remain in Mexico” policy, officially known as the Migrant Protection Protocols, from being terminated by the Department of Homeland Security, as outlined in a four-page memo issued by DHS Secretary Alejandro Mayorkas in October last year.

The Migrant Protection Protocols allows for certain non-Mexican citizens who entered the US through Mexico to be sent back to Mexico while their immigration proceedings play out. Roughly 70,000 asylum seekers have been sent to Mexico through the MPP program. —>READ MORE HERE

Biden team broke law in erasing Trump’s ‘Remain in Mexico’ policy, judge rules:

A federal judge has ruled that the Biden administration acted too rashly last year when it attempted to end President Trump’s “Remain in Mexico” border policy.

The ruling Thursday was a legal defeat for President Biden, but its practical effect was not clear. There is still more legal wrangling and Judge Matthew J. Kacsmaryk, while blocking the Biden administration‘s revocation, didn’t explicitly order the Trump program be restarted at this time.

The decision is also separate from ongoing cases over the Title 42 pandemic border policy, which like Remain in Mexico allowed the government to quickly push illegal immigrants back across the border into Mexico.

Title 42 is slated to expire early next week under a separate judge’s order, and Homeland Security is preparing for illegal immigration — already at a sustained record pace — to double.

Both Title 42 and Remain in Mexico, officially known as the Migrant Protection Protocols or MPP, helped the Trump administration solve the previous border surge in 2018 and 2019. But the Biden administration, taking a more permissive approach to illegal immigration, has tried to end them.

In an October 2021 memo, Homeland Security Secretary Alejandro Mayorkas said MPP was cruel and no longer a valuable tool. He indicated U.S. interests were better served by allowing illegal immigrants to enter and wait for immigration court hearings here, rather than outside the country.

Judge Kacsmaryk said Mr. Mayorkas relied on “incorrect legal conclusions.” —>READ MORE HERE

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