HUGE win as Judge orders restart of ‘Remain in Mexico’ policy

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A federal judge in the Northern District of Texas ordered Homeland Security to restart President Trump’s “Remain in Mexico” policy, ruling Friday that the Biden administration cut too many corners when it scrapped the effective policy.

The Story

On April 13, 2021, the State of Texas and the State of Missouri filed suit against President Joe Biden, the United States, and the pertinent US agencies and officials challenging the suspension of the program.

In a 53-page opinion (see below), Judge Kacsmaryk, who was appointed by President Donald Trump, upheld the “Migrant Protection Protocols” (MPP) put in place by the Department of Homeland Security during the Trump administration. Under the MPP, the “Remain in Mexico” policy returned some migrants to Mexico pending their removal proceedings.

Judge Matthew J. Kacsmaryk said Homeland Security Secretary Alejandro Mayorkas rushed to scrap the policy, officially known as the Migrant Protection Protocols, without considering the benefits of pushing border jumpers back across the boundary to Mexico to await their immigration court dates.

“Defendants are ordered to enforce and implement MPP in good faith until such time as it has been lawfully rescinded in compliance with the [Administrative Procedures Act] and until such a time as the federal government has sufficient detention capacity to detain all aliens subject to mandatory detention,” the judge wrote.

This is a big blow to Puppet Joe who wants millions more to pour in so they can vote Democrat after he gives them citizenship.

Judge Kacsmaryk’s opinion specifically finds that:

  • The termination of MPP increases the number of aliens present in the United States
  • Texas and Missouri have suffered injuries because of the increased numbers of  aliens present in their states

Further, Judge Kacsmaryk concluded that the termination of the MPP violated the APA (Administrative Procedures Act) and forced the Defendants to violate 8 U.S.C. § 1225 (which provides the government with two options as to asylum-seeking aliens — detention or return to a contiguous territory).

The Court ordered Defendants permanently enjoined and restrained from implementing/enforcing the June Memorandum (which terminated the MPP), vacated the June Memorandum and remanded it to the DHS for further consideration, ordered Defendants to enforce and implement MPP in good faith unless/until it is properly rescinded in accordance with the APA and Section 1225, ordered monthly reports detailing the number of encounters, expulsions, detention capacity and usage, and applications for asylum.  The Order further specifies that the injunction applies nationwide, but stayed its application for seven days to allow the government time to seek emergency appellate relief (which it likely will do).

OPEN BORDERS ACTIVISTS OBJECT

Immigrant-rights activists [open borders agitators] argued the policy was cruel to the migrants, sending them back to rough conditions in Mexico, where some of them were kidnapped, raped or faced other hardships at the hands of smuggling cartels.

That happens to them as they travel with cartels to come into the USA illegally.

Mayorkas officially ended MPP in June, though the Biden administration had ordered a stop to new enrollments in January, and has attempted to bring in tens of thousands of people who’d still been waiting in Mexico.

Judge Kacsmaryk linked the unprecedented surge in illegal immigration in the ensuing months to the end of MPP. But Mayorkas ignored that connection in his memo canceling MPP.

The judge repeatedly and harshly criticized Mayorkas for sloppy language in his June memo.

At one point Mayorkas said he had “questions” about how often people shunted into the MPP were discouraged from pursuing valid immigration cases, versus giving up on bogus claims. The judge, though, said it was Mr. Mayorkas’s “job to answer such questions,” rather than use the ambiguity as a reason for decision-making.

READ THE OPINION

Mpp by Maura on Scribd


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14 COMMENTS

  1. Rendered null and void by a CPUSA activist judge by Monday lunch time.
    The Long March to global communism won’t be stopped by ballot boxes and making messiahs out of men.

  2. From what I’ve read of the opinion so far it is clear that Trump did follow the “law”, whereas the Biden administration just, “used their pen”, yet Trump is accused of being authoritarian.

  3. In the Federal Rules of Civil Procedure a claim has to be stated and failure to do so is automatic dismissal. Many cases are decided on this alone. It would be interesting to explore how this could be applied to the general workforce, such as if an employer hires an illegal rather than a citizen. You would claim a damage by the loss of employment. If a citizen is “replaced” would make it really interesting.

    Aliens paroled into the United States are eligible for work authorization thereby increasing the supply of workers by some amount

  4. The lawlessness of the Traitor Joe Administration is now to the point that the only way to stop the invasion would be the whole sail slaughterer of the Invaders as then come across the border. Followed by Patriots hunting down Illegal Aliens within our Borders with Malice. It is now absolutely Clear that the US Government is now at war with the US People. We are at war, but the People have yet to engage the Enemy.

  5. How convenient. Biden creates this huge problem and a Trump judge bails him out. Be telling whether or not the Communists challenge the ruling. My guess is they’re breathing a big sigh of relief.

  6. I fail to see how this is a victory. You think an administration that stole an election is going to be stopped by little thing like a judge’s decision?

  7. Biden ignores the courts. He only recently blew off the Supremes and did what he wanted to do anyway. It’s a lawless regime. They need to go.

  8. Darkly amusing to see so many of you still urgently hoping the legal community (which created all these messes in the 1st place and feeds off the results endlessly) is going to save you. And you called the leftists ‘soy boys’!

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