Shortly after taking office, President Joe Biden brought an end to his predecessor’s “Remain in Mexico policy,” a rule that required asylum seekers to wait in Mexico while their claims were being processed in the U.S., Fox News reported.
Critics at the time feared such a move would cause a flood of migrants to the border, overwhelming our system — and that is exactly what has happened. This week, Texas moved to challenge the Biden administration’s decision in court.
On Tuesday, Texas, joined by the state of Missouri, filed a lawsuit in the U.S. District Court for the Northern District of Texas seeking to have the Trump-era rule reinstated, according to The Hill.
“The result of this arbitrary and capricious decision has been a huge surge of Central American migrants, including thousands of unaccompanied minors, passing through Mexico in order to advance meritless asylum claims at the U.S. border,” the Texas suit argues.
The suit contends that unilaterally scrapping the “Remain in Mexico policy” violated the Administrative Procedures Act, legislation which requires the federal government to consult with states.
“President Biden could immediately remedy the influx of crime pouring across our border by reinstating the Migrant Protection Protocols,” Texas Attorney General Ken Paxton said in a statement, according to Fox News.
“Dangerous criminals are taking advantage of the lapse in law enforcement and it’s resulting in human trafficking, smuggling, a plethora of violent crimes, and a massive, unprecedented burden on state and federal programs for which taxpayers must foot the bill,” he added.
The lawsuit charges that the migrant influx has caused serious harm to Texas “as organized crime and drug cartels prey on migrant communities and children through human trafficking, violence, extortion, sexual assault and exploitation.”
Refusal to arrest criminal aliens
Missouri Attorney General Eric Schmitt sounded a similar note, saying, “With border enforcement agencies stretched thin, it’s time that President Biden reinstate President Trump’s Migrant Protection Protocols, quell the crisis at the border, and ensure that Missouri and the United States are able to effectively combat human trafficking.”
The lawsuit comes on the heels of a suit filed by Texas and Louisiana last week against the Department of Homeland Security over its refusal to take criminal aliens into custody.
“Federal law requires Defendants to take custody of many criminal aliens, including those with final orders of removal, those convicted of drug offenses, and those convicted of crimes of moral turpitude,” the suit states, according to Fox.
“By refusing to take these criminal aliens into custody, Defendants have disregarded non-discretionary legal duties,” it added.