Judge upholds Biden admin’s termination of “remain in Mexico” policy

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

In the 35-page ruling, Judge Matthew Kacsmaryk argued that the Biden administration had “failed to adequately consider the cost to states and their vested interests” and that “without interim relief, there is a likelihood of irreparable harm.”

Texas Attorney General Ken Paxton and Missouri Attorney General Eric Schmitt sued the Biden administration to prevent the “Remain in Mexico” policy, officially known as the Migrant Protection Protocols, from being enforced by the Department of Homeland Security is being terminated as detailed in a 4-page memo issued by DHS Secretary Alejandro Mayorkas last October.

Migrant Protection Protocols allow certain non-Mexican citizens who entered the United States through Mexico to be returned to Mexico while their immigration process is ongoing. Around 70,000 asylum seekers were sent to Mexico through the MPP program.

In tweets Thursday, Paxton and Schmitt celebrated the restraining order.

“I sued Biden for almost two years. before to keep Remain-in-Mexico. Admin played until SCOTUS but today Texas & USA WIN.” Paxton wrote.

“Biden’s open borders agenda will not survive my legal attacks,” he added.

Schmitt called MPP a “vital program” in his social media letter on Thursday.

“BREAKING: In our lawsuit against the Biden administration over its repeal of the “remain in Mexico” policy, a Texas federal court just stayed the latest Biden administration memo repealing MPP and maintaining the vital program.” Smith wrote.

Thursday’s district court decision remains a 5-4 Supreme Court decision in June that authorized the Biden administration to proceed with terminating the program as the lawsuit against them made its way through the courts.

In August, the Biden administration quietly began phasing out “remain in Mexico” when DHS announced it would no longer enroll asylum seekers in MPP.

Republicans and some Congressional Democrats have urged President Biden to do more to address the southern border’s immigration crisis, particularly with Title 42, a program that allows law enforcement agencies to fast-track migrants arrested crossing the border remove that on 27.20 after being struck down by a judge in November.

Several House Republicans have called on Mayorkas to resign or face impeachment over his handling of the crisis.

The nearly 2.4 million southern border crossings recorded in the 12 months ended Sept. 30 were the highest on record.