Allowing illegal immigrants being permitted to roam free in the U.S. while awaiting their hearings is an asinine approach. President Joe Biden’s desire to return to such a disaster will have to survive a legal challenge.
The U.S. Supreme Court will hear a case Tuesday on whether Biden illegally canceled the “Remain in Mexico” policy, Breitbart reported. The policy, implemented by former President Donald Trump, required those illegally crossing the U.S.-Mexico border to return to Mexico while awaiting their hearings.
The policy, known officially as the Migration Protection Protocols, was enacted by Trump in 2019. Then on June 1, 2021, Department of Homeland Security Secretary Alejandro Mayorkas attempted to kill the policy with a memo.
That action triggered a lawsuit in district court that would eventually require DHS to reinstate the policy. The court decided that Mayokras didn’t make a compelling argument for canceling the policy and violated federal immigration statutes with his decree.
Undeterred, Mayorkas tried to terminate the policy again last October but was confronted with the same result requiring the government to keep “Remain in Mexico” active. The Biden administration is now appealing to the Supreme Court for a decision on whether federal law prohibits them from canceling the Trump-era rule.
Advocates for Victims of Illegal Alien Crime and other organizations are backing the cause of keeping Trump’s immigration approach on a procedural basis. “Congress has established a detailed practice for how DHS processes aliens arriving from Mexico,” attorneys for the AVIAC said in its amicus brief.
“Only Congress can change that practice,” the brief continued. “DHS cannot refuse to exercise its discretionary option to have aliens remain in Mexico and it cannot ignore a mandate of Congress to craft a third option that fits its desired immigration policy. That is lawmaking by [the] agency in its rankest form,” the AVIAC brief said.
Almost immediately after being sworn in, Biden was on the move implementing everything his radical leftist base had wanted. Perhaps the administration may have taken it too far this time in the way they’ve gone about it — but that will be up to the high court to decide.