The Texas Federal Court Stops The End of The “Remain In Mexico” Policy

In the past few days, thousands of people have crossed the Rio Grande from Mexico into the United States. They have filled up shelters and lined the river and the city.

This week, a U.S. District Court Judge stopped President Biden’s attempt to end a Trump-era policy called “Remain in Mexico.” The case had been going back and forth between several different courts.

U.S. District Judge Matthew J. Kacsmaryk wrote in his decision, “This action has a complicated procedural history. It went from this Court to the Fifth Circuit, to the Supreme Court, and back to this Court on remand.” “Or “there and back again.” See The Hobbit, or There and Back Again (1937) by J.R.R. Tolkien.”

Remain In Mexico policy
Remain In Mexico policy

Almost six months ago, on June 1, 2022, the Secretary of the Department of Homeland Security, Alejandro Mayorkas, sent a letter to the Supreme Court. This decision is based on that letter. In his memo, Mayorkas ended the “Remain in Mexico” policy, which was part of the Migration Protection Protocols.

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In January 2021, DHS stopped letting people join the MPPs until the Trump-era program was looked at. Under the program, migrants who did not sign up for MPP should have been processed under other laws. However, Biden issued an executive order telling Mayorkas to review the program and decide whether to end it or change it.

The State of Texas sued to stop the move, saying that the memorandum broke the Immigration and Nationality Act (INA), which says that an alien who comes to the United States from a foreign territory can be sent back to that territory after a court hearing. A different part of the INA says that an alien who wants to come to the United States should be detained until a hearing can be held if it is not clear that the person is allowed to come.

After the lawsuit against the Biden administration was heard in court, it was decided that MPP could not be ended.

On Oct. 29, 2021, DHS sent out memos saying that MPP was over and asking the court to overturn its previous decision and call the case moot. But the Fifth Circuit Court didn’t agree and said the memos didn’t matter for the appeal. The Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas, talks about “Worldwide Threats to the Homeland” at a hearing of the House Homeland Security Committee on Capitol Hill in Washington on November 15, 2022.

Nearly eight months later, on June 30, 2022, the Supreme Court overturned the Fifth Circuit Court’s decision. It said that the memoranda were valid and that the ending of the MPP did not break the provision’s rule about mandatory detention.

During the process, however, the court found that the government was not living up to its responsibilities.

Still, the U.S. District Court would have to decide if the memoranda were arbitrary and capricious.

In his decision this week, Judge Kacsmaryk said that the court stays the Oct. 29 memos and the June 1, 2021 decision by DHS to end MPP “until the Court can decide the merits of Plaintiffs’ claims.” This means that the memos and the decision are put on hold.

When he was running for office, Biden promised to end the program if he was elected. Soon after he took office, the Biden administration ended the program and let the people in it back into the U.S. Mayorkas said that the policy was not only mean, but it also didn’t work.

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