President Joe Biden came into office with a clear desire to rescind many of his predecessor’s immigration policies, which has prompted critics to blame him for exacerbating the migrant crisis along the U.S.-Mexico border.
This week, a federal judge ordered the Biden administration to reinstate one such rule.
“Big win for border security”
Biden rolled back the so-called “Remain in Mexico” policy implemented by former President Donald Trump, which required asylum seekers to file their application outside of the U.S.
According to the Daily Wire, U.S. District Judge Matthew J. Kacsmaryk determined on Friday that the policy reversal was unlawful.
Kacsmaryk, who presides over the Northern District of Texas, ruled that Biden must “enforce and implement” the policy “in good faith until such a time as it has been lawfully rescinded in compliance with the [Administrative Procedure Act] and until such a time as the federal government has sufficient detention capacity to detain all aliens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 decision came in response to a lawsuit filed by Republican Missouri Attorney General Eric Schmitt and Republican Texas Attorney General Ken Paxton.
For his part, Schmitt celebrated the ruling on social media as a “big win for border security.”
“Every legal tool in our arsenal”
His Texas counterpart also struck a triumphant note in his tweet on the topic, writing: “We just won our second immigration lawsuit against the Biden Admin! They unlawfully tried to shut down the legal and effective Remain-in-Mexico program, but Texas and Missouri wouldn’t have it. Together we sued, and just handed Biden yet another major loss!”
Former Trump adviser Stephen Miller, whose group America First Legal is working with Paxton on a different lawsuit, congratulated the attorneys general on the victory.
“We must use every legal tool in our arsenal to stop Biden’s erasure of our territorial sovereignty,” Miller declared. “AFL won’t back down.”
The latest ruling came amid a persistently high rate of illegal border crossings that shows no signs of slowing down.
Statistics released by the Department of Homeland Security show that U.S. Customs and Border Protection agents apprehended 212,672 undocumented immigrants last month — the highest number in roughly two decades.