Explaining that the United States properly can refuse “to admit asylum applicants at ports of entry … before they ever enter the United States,” a federal judge has reinstated President Trump’s “Remain in Mexico” policy.
The decision from U.S. District Judge Matthew Kacsmaryk permanently bans the federal government from implementing President Biden’s memo that dropped Trump’s program.
It was because Biden failed to abide by the Constitution and the rules and regulations adopted by Congress in making the change, specifically the Administrative Procedures Act.
Two states had sued the federal government over Biden’s arbitrary change.
“Defendants are ordered by enforce and implement MPP in good faith until such a time as it has been lawfully rescinded in compliance with the APA and until such a time as the federal government has sufficient detention capacity to detain all aliens subject to mandatory detention under Section 1255 without releasing any aliens because of a lack of detention resources,” the judge said.
He is requiring the government to file with the court on the 15th of each month going forward a report with “the total monthly number of encounters at the southwest border” as well as “the total monthly number of aliens expelled” and “detention capacity” and the number of “applicants” for admission.
The judge said the injunction is nationwide.
Constitutional expert Jonathan Turley explained the ruling on the Migrant Protection Protocols,