The Biden administration was recently dealt another major blow after attempting to end an immigration policy implemented by former President Donald Trump. This policy required multiple thousands of migrants to remain in Mexico while awaiting the resolution of their respective asylum cases for entering the United States.
However, President Joe Biden promptly eliminated Trump’s “Remain in Mexico” policy, shortly after assuming office in January. However, once Missouri and Texas sued over the Biden administration’s actions, a federal judge ordered the reinstatement of Trump’s policy.
As part of the 2019 policy, which is formally known as the Migrant Protection Protocols (MPP), migrants attempting to obtain asylum in the United States will have to wait for multiple weeks, or potentially years, in Mexico for a court date in the United States. The policy subsequently prevents migrants from waiting for their hearings in the United States, helping to stem the flow of illegal immigration.
However, while campaigning for president, Biden ranted over Trump’s policy claiming that it endangered migrants who became allegedly trapped in border cities.
Consequently, the Biden administration issued a memo once again that terminated “Remain in Mexico,” anticipating a potential overturn in the court. However, the 5th U.S. Circuit Court of Appeals was unimpressed by the latest memo and promptly shot down the administration’s second attempt to eliminate the Trump policy.
On Monday evening, the appeals court issued a scathing ruling, indicating that the Department of Homeland Security (DHS) apparently believes it has “the power to implement a massive policy reversal … simply by typing out a new Word document and posting it on the internet.”
The court also added that the Biden administration’s attempts to dismantle Trump’s policy occurred with “no judicial review,” “no input from Congress,” and “no ordinary rule-making procedures,” in spite of the fact that a reversal of Trump’s policy “[affects] billions of dollars and countless people.”
In the 117-page opinion, the judges also remarked that the federal agency “has come nowhere close to shouldering its heavy burden to show that it can make law in a vacuum.”
The Department of Justice (DOJ) and White House have not remarked upon the latest ruling.
However, the Biden administration has grudgingly complied with the first ruling, namely by sending the first set of asylum seekers back to Mexico to await their court dates.
Thus far in 2021, the number of illegal border crossings has skyrocketed to unprecedented highs, which has drawn heavy criticism from the GOP.
Interestingly, several migrants have been rapidly removed without being given the opportunity to apply for asylum, courtesy of a different Trump policy on immigration. The Biden administration has declined to cancel that particular policy.