Joe Biden’s Department of Justice is making a third attempt to end President Donald Trump’s “Remain in Mexico” policy, this time by appealing directly to the Supreme Court.
The “Remain in Mexico” policy is legally codified as the Migrant Protection Protocols (MPP). It is designed to address the problem of allowing illegal migrants to stay inside the U.S. while their legal claims for asylum in the country are waiting to be heard in the Federal Court. Democrat politicians have been more than happy to let anyone arrested at the border remain in the U.S. based only on a promise to appear for a court hearing far in the future.
The MPP denies illegal migrants the option to disappear inside the U.S. while their claims for amnesty are pending. Trump reached an agreement with Mexico to keep the migrants there while awaiting court hearings.
Biden began attacking the MPP as soon as he assumed office, suspending the policy on his first day in the White House. After that, Texas and Missouri filed a federal lawsuit, claiming that the administration’s actions in stopping MPP were “arbitrary and capricious.” While that case was pending in the federal district court, Homeland Security Secretary Alejandro Mayorkas canceled the MPP.
In August, District Judge Matthew Kacsmaryk responded that the administration reinstated the MPP no later than August 21. Biden’s Justice Department appealed that decision to the Supreme Court. Still, the high Court declined, which allowed the district judge’s order to remain in place, and the case was ordered to proceed to the federal Fifth Circuit Court of Appeals.
On December 13, the Fifth Circuit Court ruled against the administration. That Court found that ordinarily required rulemaking procedures had been ignored in setting aside MPP. The Court ruled that the Biden administration had “come nowhere close” to meeting the legal burden required to eliminate the existing policy.
The White House had now directed another appeal to the Supreme Court, arguing that the existing rulings force the administration to carry out a “controversial policy” that Mayorkas has twice decided to stop enforcing. The administration also demands an immediate review rather than waiting until the high Court’s next term.
While the Justice Department has demanded the Court take up its petition at its February 18 conference, the Court has already decided to let the MPP decision stand. It will be interesting to see if the Court changes its mind to consider the attack on one of the last vestiges of President Trump’s efforts to secure the southern border.