February 6, 2023

Judge blocks Biden administration from ending ‘stay in Mexico’ policy

A district court judge on Thursday halted the Biden administration’s repeal of the Trump-era “stay in Mexico” policy that forced thousands of asylum seekers to wait for their immigration hearings south of the border.

In 35 page judgmentJudge Matthew Kacsmarik argued that the Biden administration “failed to adequately consider the costs to states and their dependent interests” and that “irreparable harm is likely to occur in the absence of preliminary injunctive relief.”

Texas Attorney General Ken Paxton and Missouri Attorney General Eric Schmidt sued the Biden administration to end the “stay in Mexico” policy, officially known as the Immigrant Protection Protocol, as outlined in a 4-page document. A memo issued by DHS Secretary Alejandro Mayorkas in October of last year.

The Immigrant Protection Protocol allows certain non-Mexican citizens who entered the United States through Mexico to be sent back to Mexico while their immigration proceedings are pending. About 70,000 asylum seekers have been sent to Mexico through the MPP program.

The Biden administration began phasing out the “remain in Mexico” policy in August.
AFP via Getty Images

In tweets on Thursday, Paxton and Schmidt celebrated the injunction.

“I sued Biden for almost 2 years before staying in Mexico. Admin played games all the way to SCOTUS, but tonight Texas & USA win” Paxton wrote.

“Biden’s open-border agenda will not survive my legal attacks,” he added.

Matthew Kasmaric
Judge Matthew Kasmaric argued that the Biden administration “failed to adequately consider the costs to states and their trust interests.”

Schmidt took to social media on Thursday to call the MPP an “important project.”

“BREAKING: In our case against the Biden administration for repealing the “Remain in Mexico” policy, a federal court in Texas has stayed an MPP repealing the Biden administration’s latest memo, keeping the key plan, Schmidt wrote.

The District Court decision is suspended on Thursday a 5-4 Supreme Court decision Since June, a lawsuit against the Biden administration has worked its way through the courts, allowing the program to end.

Gen. Ken Paxton speaks to the media on January 27, 2022 in Weslaco, Texas.
Texas AG Ken Paxton sued the Biden administration to uphold the “remain in Mexico” policy.

In August, the Biden administration Quiet gradually began to leave “Remain in Mexico,” as DHS has announced it will no longer include asylum seekers in the MBP.

Republicans, and Some DemocratsIn Congress, they have called on President Biden to do more to combat the immigration crisis at the southern border, particularly with Title 42, which allows law enforcement to quickly remove immigrants apprehended crossing the border. Dec. Ends at 20 After being struck down by a judge in November.

Several House Republicans have called out Mayorkas Resign or be fired For his handling of the crisis.

Nearly 2.4 million crossings were reported at the southern border in the 12 months ending September 30.