On August 13, Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas issued an order enjoining the Biden administration's termination of the Migrant Protection Protocols, better known as "Remain in Mexico".
Judge Kacsmaryk had stayed that injunction for seven days to allow the Biden administration to seek appellate review.
It continued: "Further, Mexico issued a statement in 2018 consenting to admit aliens excluded from the United States under MPP- and nothing in the record suggests Mexico has since retracted that consent." That is significant, and if the government of Mexico has retracted its consent to MPP, and the Biden administration failed to put that recission in the record, it would be epic malpractice.
Since the inauguration, I have argued that the Biden administration was facing a huge migrant surge and had no legal imprimatur to simply release hundreds of thousands of illegal migrants as a group into the United States.
The Biden administration had treated the immigration laws of the United States as, at best, suggestions for how it should deal with removable aliens in the United States.
On August 20, Biden's DOJ filed an application for a stay with the Supreme Court of Judge Kacsmaryk's order, pending full appeal to the Fifth Circuit, addressed to Justice Alito.
I never want to project what the High Court will do, but Justice Alito's short leash suggests that the odds of the Biden administration succeeding on this one are slim.
https://cis.org/Arthur/Supreme-Court-Speeds-Review-Remain-Mexico-Decision
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