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The Supreme Court ruling on Tuesday night, which ordered the Biden administration to restore the Trump-era Mexico retention policy, marks the administration’s latest legal defeat on immigration.
In a 6-3 decision, the court refuse a request to stop a federal court ruling ordering the administration to reinstate migrant protection protocols – which have come to be known as “Remain-in-Mexico” – a major security program for borders of 2019 that kept migrants in Mexico while they awaited their hearings.
MISSOURI AG DECLARES ITS DECISION A “BIG VICTORY FOR BORDER SECURITY”
Biden began dismantling the MPP shortly after taking office and officially ended it in June, one of several steps the administration took to reverse President Donald Trump’s border policies. Texas and Missouri have filed a lawsuit, arguing that ending the policy in June was both damaging to their states and in violation of the Administrative Procedures Act (APA).
Critics have called the policy, which led to the establishment of tent courts across the border, cruel and dangerous for migrants. The Trump administration has said the policy ends captures and releases, reducing the pull factors that drive migrants north. President Biden campaigned to end the policy.
In the original ruling, Judge Matthew Kacsmaryk ordered the Biden administration to “apply and implement the MPP in good faith” until it is “legally rescinded” in accordance with the APA, and until the federal government has sufficient detention capacity to detain all the migrants concerned. compulsory detention.
The Biden administration said on Tuesday it would appeal the decision, but also comply with the order.
“Along with interagency partners, DHS has begun to engage with the government of Mexico in diplomatic discussions regarding Migrant Protection Protocols (MPPs),” the statement from the Department of Homeland Security said.
TEXAS AG PAXTON WANTS TO HOLD BIDEN ADMINISTRATION RESPONSIBLE AFTER VICTORY
Missouri and Texas attorneys general said the Supreme Court victory was a significant victory over the Biden administration, tying it to the border crisis.
“What we’ve seen of course since Biden’s overthrow of the MPP… has been an absolute disaster on the southern border,” Schmitt told Fox News in an interview Wednesday. “This has been a humanitarian crisis, this has been a national security crisis, and therefore to achieve this victory and restore the successful policies of President Trump is a great victory.”
“It’s fundamentally important because we have a president who has looked at federal law and said, ‘I don’t have to follow federal law, I’m the president, I do what I want, I don’t. Don’t care if it’s in the law, I don’t care if Congress passed it, I can do whatever I want, I’m the president, “Paxton told Fox News. “So it’s even more important than immigration, it’s about the Constitution, because even the president is supposed to obey the law.”
This is the latest legal defeat against the Biden administration’s efforts to change the policies of the Trump administration.
FEDERAL JUDGE BLOCKS BIDEN ADMIN ICE RULES THAT LIMIT ARREST PRIORITIES FOR ILLEGAL IMMIGRANTS
Last week, a federal judge imposed a preliminary injunction on the Biden administration rules for immigration and customs enforcement officers (ICE) which significantly reduced the categories of illegal immigrants targeted for arrest and deportation.
The guidelines, released in February, limited officers to focusing on three categories of immigrants: those who pose a threat to national security; those who have crossed the border since November 1 and those who have committed “aggravated crimes”. It followed the January 20 directives issued by the Department of Homeland Security.
But Judge Drew Tipton ruled that the policy was in violation of congressional mandates, and that Louisiana and Texas, which filed the lawsuit, were likely to be successful in their claim that the policy violated the Administrative Procedures Act (APA.)
Republican GAs had argued that reducing arrests would hurt their states financially – including with increased costs of detention, education, and health care – and also hurt their interests in protecting their citizens from illegal immigrants. criminals.
Tipton ruled that the link between counseling and harm suffered by states is “virtually unassailable” and that “the undisputed evidence shows that memorandums are already causing a dramatic increase in the volume of criminal aliens released into the public.”
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Judge Tipton is the same judge who barred the Biden administration from imposing a 100-day moratorium on ICE evictions early in the administration after a Texas trial.
The Biden administration ultimately abandoned its efforts to impose the moratorium.
“The 100-day period during which DHS would have suspended the execution of certain final removal orders has now expired and would no longer be in effect under the terms of the memorandum,” said a DHS statement in May.
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