US Court Denies Biden Request to Halt Restart of ‘Remain in Mexico’ Policy

An appeals court has denied a request by the Biden administration to halt restarting former President Donald Trump’s ”remain in Mexico” policy, CBS News reports.  

Last week, U.S. District Judge Matthew J. Kacsmaryk ordered that the program be reinstated Saturday. But the administration asked for a delay, arguing in briefs that the president has ”clear authority to determine immigration policy” and that Homeland Security Secretary Alejandro Mayorkas has discretion in deciding whether to return asylum-seekers to Mexico.

The panel of the 5th Circuit Court of Appeals denied the request on Thursday.

“Even if the Government were correct that long-term compliance with the district court’s injunction would cause irreparable harm, it presents no reason to think that it cannot comply with the district court’s requirement of good faith while the appeal proceeds,” the ruling said.

Under the policy, put in place in 2019, asylum-seekers stay in Mexico for the duration of their U.S. immigration case.

Biden suspended it on his first day in office but was challenged by lawyers for the states of Texas and Missouri.

Missouri Attorney General Eric Schmitt on Friday hailed the appeals court’s denial.

“Last night, we won another major victory against Biden’s Department of Justice in our lawsuit to reinstate the ‘Remain in Mexico’ policy, with the 5th Circuit denying their request for an emergency stay,” he said in a statement.

“Last week, we delivered a massive win for border security and the rule of law, and that winning streak continues today. I will continue to fight to ensure that this successful Trump-era policy is re-implemented, and that the crisis at the border is quelled.”

The U.S. has seen a sharp increase in crossings at the U.S.-Mexico border since Biden took office, including in July, when U.S. Customs and Border Protection apprehended 212,672 people.

The ”serious challenge” at the border, Mayorkas said last week, had ”been made more difficult because of the fact that the prior administration dismantled our asylum system.”

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