January 28, 2022

Judge rules against Biden Administration appeal to end ‘Remain in Mexico’ policy

A federal appeals court has denied the Biden administration’s appeal to rule back the Trump-era “Remain in Mexico” border policy on Monday.

Breitbart News reported that the court ruled the policy would need to be enforced in good faith until it can be “lawfully rescinded,” in what is a crushing blow to the Biden administration’s campaign promises regarding immigration.

Judge Andrew Oldham wrote an opinion for a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit:

“DHS claims the power to implement a massive policy reversal—affecting billions of dollars and countless people—simply by typing out a new Word document and posting it on the internet. No input from Congress, no ordinary rulemaking procedures, and no judicial review,” Oldham said.

“We address and reject each of the Government’s reviewability arguments and determine that DHS has come nowhere close to shouldering its heavy burden to show that it can make law in a vacuum,” he added.

The policy, known as the Migrant Protection Protocols (MPP) was a headline creating frenzy when the Trump administration enacted it, requiring those who are seeking asylum to remain in Mexico while they await U.S. court hearings.

“The Fifth Circuit’s Monday decision upholds a federal court ruling from August that held Biden unlawfully ended the MPP and ordered the U.S. Department of Homeland Security (DHS) to renew the program,” Breitbart reported.

This is a blow to President Joe Biden who suspended MPP on his first day in office just months before then DHS Secretary Alejandro Mayorkas issued a memo in June terminating the policy.

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