A federal judge has ordered the reinstatement of former President Trump’s “Remain in Mexico” policy, which required border crossers claiming asylum to stay in Mexico while awaiting their hearings, after President Joe Biden ended the program earlier this year.
On Friday evening, 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.
In response, Texas Attorney General Ken Paxton and Missouri Attorney General Eric Schmitt sued the Biden administration for ending Remain in Mexico.
Kacsmaryk, in his ruling, states that the Biden administration violated federal law when the Department of Homeland Security (DHS) ended Remain in Mexico and failed to consider “several of the main benefits” of the program — including that border crossers returned to Mexico who did not have legitimate claims for asylum were returning to their native countries on their own.
“DHS’s first duty is to uphold American law,” Kacsmaryk writes. “It cannot just point at diplomatic efforts as an excuse to not follow the [Administrative Procedure Act] APA or fulfill its statutory obligations.”