President Joe Biden spent much of last year campaigning on a pledge to reverse his predecessor’s border and immigration policies. While Biden has largely kept those promises, some Trump-appointed judges just threw a wrench into his plans by forcing the administration to implement an effective policy introduced by the Trump administration.
At issue is the Migrant Policy Protocols (MPP), more commonly known as the “Remain in Mexico” policy. The rule, Fox News notes, requires those seeking asylum in the United States to wait on the Mexico side of the border while their claims are being adjudicated.
First instituted under former President Donald Trump, NPR reported that Biden sought to eliminate it soon after taking office, among other polices enacted by former President Donald Trump.
Court blocks MPP’s removal
However, critics argue that the decision to scrap the policy earlier this year is part of the reason why the U.S. has seen a massive wave of illegal migration through out 2021, which ultimately led to a legal challenge from Texas and Missouri.
Further, The Epoch Times noted how District Judge Matthew Kacsmaryk ruled in September that Homeland Security Secretary Alejandro Mayorkas acted improperly when he shut down the program.
While the program was temporarily reinstated, Mayorkas later told members of the 5th U.S. Circuit Court of Appeals that the issue was moot since he was again moving to shutdown the MPP.
Writing for the majority, U.S. Circuit Judge Andrew Oldham categorically rejected that claim in a 117-page decision that was released Monday.
“Not dead and gone”
“Never mind that a case is moot only when the controversy between the parties is dead and gone, and the controversy between these parties is very much not dead and not gone,” Oldham declared.
“Never mind that the new memoranda simply reaffirmed the termination decision that the states had been challenging all along,” the judge continued.
“And never mind that the Government’s theory of mootness would allow an administrative agency to permanently avoid judicial review by issuing an endless litany of new memos to ‘moot’ every adverse judicial ruling,” Oldham added.
White House responds
The court’s ruling means the “Remain in Mexico” policy must remain in effect while the lawsuit challenging its cancelation is being adjudicated, a fact that White House press secretary Jen Psaki acknowledged on Tuesday.
“While this is a program that we disagree with, the injunction dictating court-ordered implementation remains in effect, so we continue to comply with it in good faith,” the Times quoted her as saying.