Biden admin to reinstate Trump-era ‘Remain in Mexico’ policy, but the legal fight isn’t over

Much to the dismay of Democrats, President Joe Biden is preparing to reinstate former President Donald Trump’s “Remain in Mexico” policy, the Daily Caller reported Friday.

According to Fox News, “[t]he policy, formally known as the Migrant Protection Protocols [MPP], involves migrants who arrive at the southern border and claim asylum.” Under the MPP, migrants seeking asylum “are returned to Mexico to await their hearings instead of being allowed into the United States,” Fox said.

The Biden administration has long been critical of this policy, and within months of taking office, the president moved to formally end it in one fell swoop. That’s when the Republican attorneys general from Texas and Missouri took the issue to the courts in an effort to force the federal government to reinstate the policy and secure the southern border.

A look ahead

According to the Daily Caller, a judge sided with the GOP attorneys general back in August in a ruling that requires the Biden administration to work to restore the MPP “in good faith.” Now, the time has come.

The agreement depends on cooperation from Mexico, however, and the Mexican government has expressed some reservations.

In an attempt to address those concerns, the Biden administration is said to be making some changes to the MPP, including, according to the Daily Caller, “additional access to legal aid for migrants, a ‘general commitment’ to work through court cases within six months [of] a migrant going to Mexico, and expanding asylum programs in order to help migrants who are too vulnerable to be returned to Mexican border towns.”

If Mexico agrees to the revised terms, the policy could be back in effect as soon as mid-November, a senior administration official told the Daily Caller.

“That is conditional on Mexico’s independent decision whether or not to accept those that the United States seeks to enroll in MPP,” the official said.

The legal battle isn’t over

But that won’t be the end of it. Once the Trump-era policy is reinstated, reports indicate the Biden administration will be quick to appeal.

“Reimplementation is not something that the administration has wanted to do,” an unnamed Biden official told reporters, according to the Daily Caller. “We are doubling down on the affirmation of our decision to terminate MPP.”

In the meantime, though, the official said that the administration will abide by the August court order and comply with the Trump-backed policy — and it looks like they’re already making moves in that direction.

For Biden and his fellow Democrats, this one has to sting.

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