A top federal judge is reinstating Donald Trump’s “Remain in Mexico.”
The policy “required border crossers claiming asylum to stay in Mexico while awaiting their hearings, after President Joe Biden ended the program earlier this year,” per Breitbart News.
According to the report “Judge Matthew J. Kacsmaryk, appointed by Trump, ordered the Biden administration to reinstate the Migration Protection Protocols (MPP), commonly known as Remain in Mexico, after ending the program June 1 while releasing thousands of border crossers enrolled in the program into the United States interior.”
Kacsmaryk made it clear in his ruling:
By ignoring its own previous assessment on the importance of deterring meritless asylum applications without “a reasoned analysis for the change,” Defendants acted arbitrarily and capriciously.
Second, the Secretary also failed to consider the warnings by career DHS personnel that “the suspension of the MPP, along with other policies, would lead to a resurgence of illegal aliens attempting to illegally” cross the border. This is all the more important because the Secretary had the opportunity to see if the warnings were predictive because the Secretary suspended enrollments in MPP on January 20, 2021. From that date until June 1, 2021 when MPP was permanently terminated, the Secretary had the opportunity to observe the ever-increasing number of border encounters. U.S. Customs and Border Protection, Southwest Land Border Encounters. But the Secretary never discussed the rise in border encounters in the June 1 Memorandum or discussed why the warnings by career DHS personnel were misguided or incorrect even as the data appeared to show that the career officials were, in fact, prescient.
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