A federal judge said Friday that the Biden administration should reintroduce a policy that sees asylum seekers waiting in Mexico to have their claims heard.
The Department of Homeland Security “failed to consider a number of important factors” before ending the Trump-era “Stay in Mexico” policy, US District Judge Matthew Kaxmaric, a Trump appointee, found.
This included ignoring how the program was pushing some immigrants to asylum who lacked the qualifications to return home voluntarily, they wrote. 53 pages verdict.
Homeland Security Secretary Alejandro Meyercas formally ended “staying in Mexico” on June 1 this year, although in practice it was halted when President Joe Biden entered office on January 20. in a memorandum (PDF) for top immigration officials, Meyerkas said a review determined the policy “does not substantially or permanently enhance border management in a way that justifies the program’s wider operational burden and other shortcomings. “
“During the programme, border encounters increased during certain periods and decreased during others. Furthermore, in making my assessment, I share the belief that we only manage migration in an effective, responsible and sustainable manner. can if we look at this issue broadly, looking beyond our borders,” he wrote.
The memo fails to mention some of the primary benefits of the program, known as MPP, Kaxmaric said.
“At the very least, the secretary was required to show a reasoned decision to exempt MPP benefits. Instead, the June 1 memorandum did not address the problems created by false claims of asylum or how the MPP addressed those problems. Similarly, it does not address the fact that DHS previously found that ‘nearly 9 out of 10 asylum claims from Northern Triangle countries are ultimately found to be non-meritorious by federal immigration judges,’ and that the MPP discouraged such aliens from traveling and attempting to cross the border in the first place,” he said.
The judge said this made the change in policy arbitrary and arbitrary. The Administrative Procedure Act states that agency actions that were “arbitrary, whimsical, or an abuse of discretion” are ripe for overturning by the courts.
Kaxmeric ordered the Biden administration to restart the MPP, though he stayed his order for seven days so that the federal government could get emergency relief in the Court of Appeals.
Texas Attorney General Ken Paxton, a Republican who brought the suit with the state of Missouri, said the ruling showed the Biden administration tried to “shut down a legal and effective Ramen-in-Mexico program.”
Another Republican, Missouri Attorney General Eric Schmidt, described the decision as “a huge victory for border security and the rule of law.”
The Biden administration did not immediately respond to requests for comment.
The Trump administration established the MPP in 2019 to tackle the increase in illegal immigration. Former President Donald Trump successfully partnered with Mexico to launch a program in which the US deports some asylum seekers back to Mexico until their claims are heard.
Kirstenjen Nielsen, who served as Homeland Security secretary during the Trump administration, said that when the program was first implemented, it was in response to “a security and humanitarian crisis at the southern border.”
“The MPP will help restore a safe and orderly immigration process, reduce the number of people who take advantage of the immigration system, and the potential for smugglers and smugglers to prey on vulnerable populations, and for life, national security and public safety. will help mitigate the threats while ensuring that vulnerable populations get the protection they need,” she said in a statement at the time.
This year Biden and top officials reversed or replaced several major Trump-era immigration policies. The United States has seen a jump in illegal border crossings, culminating in a 21-year high in July.
Meyerkas, Biden and others have repeatedly blamed Trump, claiming his administration’s policies were “inhumane” and needed to be changed. He said that this process takes time.
Speaking about crossing the border during a trip to Texas this week, Meyerkas said one reason for him was “an end to the brutal policies of the previous administration, and the resumption of the rule of law of this country that Congress has passed.” , including our asylum laws that provide humanitarian relief.”
Trump “diminished our international aid to Guatemala, El Salvador and Honduras, depleting the resources we were contributing to address the root causes of the right to irregular migration,” he later added.
Stephen Miller, a top immigration adviser to Trump during the previous administration, called Meyerkas “a pathological liar” in response.
“He has inherited the safest border and most effective enforcement regime in history,” Miller wrote on Twitter. “The *sole* cause of the current border disaster was Biden’s decision to reverse the Trump program and replace it with a sovereignty-erasing catch-and-release.”
This News Originally From – The Epoch Times