Federal judge says Biden can't yet end Trump-era 'Remain in Mexico' immigration policy - CNN

CNN  — 

A national justice successful Texas has enactment connected clasp for present the Biden administration’s astir caller effort to extremity the so-called “Remain successful Mexico” program.

US District Judge Matthew Kacsmaryk is pausing the termination of the programme that was outlined successful an October 2021 argumentation memo portion litigation astir that memo continues.

The ruling marks a setback successful President Joe Biden’s effort to extremity the arguable Trump-era policy, which sends definite non-Mexican citizens who entered the US backmost to Mexico – alternatively of detaining them oregon releasing them into the US – portion their migration proceedings played out.

The program, formally known arsenic Migrant Protection Protocols, is abstracted from Title 42, which is acceptable to extremity adjacent week. That authority, which was heavy criticized by nationalist wellness experts and migrant advocates, has mostly barred asylum astatine the US-Mexico border.

In June, the Supreme Court ruled 5-4 the Biden medication had the discretion to extremity the program, rejecting arguments from Republican states that migration instrumentality required the programme to stay successful effect and granting an archetypal triumph for the Biden migration docket successful its efforts to reverse Trump’s hardline migration policies.

But the Supreme Court sent the lawsuit backmost to Kacsmaryk to see whether the rotation retired of October 2021 memo complied with the Administrative Procedure Act – which requires that agencies instrumentality definite procedural steps erstwhile implementing argumentation – successful however it went astir unwinding Migrant Protection Protocols.

The program, which was archetypal implemented successful 2019 nether then-President Donald Trump, has been criticized by immigrant-rights advocates, who reason that it’s inhumane and that it exposes asylum seekers with credible claims to unsafe and squalid conditions successful Mexico.

Before the Trump medication enactment the “Remain successful Mexico” programme successful place, nary different medication had embraced specified an attack toward non-Mexican asylum-seekers that required them to enactment successful Mexico implicit the people of their migration tribunal proceedings successful the United States. Biden campaigned connected ending the argumentation and has said it “goes against everything we basal for arsenic a federation of immigrants.”

Biden has grappled with a increasing fig of borderline crossings implicit the people of his medication amid wide migration successful the Western Hemisphere. The Department of Homeland Security, though, has maintained that the “Remain successful Mexico” argumentation comes astatine a steep quality outgo and is not an effectual usage of resources.

This communicative has been updated with further details.