On Friday, a federal judge delivered a major defeat to the Biden administration and a massive win to the American people. U.S. District Judge Matthew Kacsmaryk of the Northern District of Texas ordered the Biden administration to reinstate Trump’s successful “remain in Mexico” policy on Friday. To quote Judge Kacsmaryk, “By ignoring its own previous assessment on the importance of deterring meritless asylum applications without a reasoned analysis for the change, Defendants acted arbitrarily and capriciously. Second, the Secretary also failed to consider the warnings by career DHS personnel that the suspension of the MPP, along with other policies, would lead to a resurgence of illegal aliens attempting to illegally cross the border.”
Judge Kacsmaryk’s decision came after Missouri Attorney General Eric Schmitt and Texas Attorney General Ken Paxton filed a lawsuit against the Biden administration for stopping the “Remain in Mexico” policy. The lawsuit alleged that Biden’s abolition of the policy both violated federal immigration law and was “arbitrary and capricious.”
The “remain in Mexico” policy requires asylum seekers to wait in Mexico until their U.S. court date. This is extremely important as 73.7 percent of asylum applicants in FY 2020 were denied, and less than 1 percent of applicants under the “remain in Mexico” program have been found to have a legitimate asylum claim. Judge Kacsmaryk declared that each released school-age non-citizen will cost states thousands of dollars each year. To quote the ruling, “Some school-age child aliens who would have otherwise been enrolled in MPP are being released or paroled into the United States. Texas estimates that the average funding entitlement for 2021 will be $9,216 per student in attendance for an entire school year. For students qualifying for bilingual education services, it would cost Texas $11,432 for education per child for attendance for an entire school year. The total costs to Texas (and Missouri) of providing public education for illegal alien children will rise in the future as the number of illegal alien children present in the State increases.”
Biden suspended the Migrant Protection Program on January 20, 2021. Biden’s Department of Homeland Security formally rescinded the program on June 1, 2021. There was no reason whatsoever to end this demonstrably successful policy. As a matter of fact, there were more reasons than ever to have the “remain in Mexico” policy implemented in recent months, as illegal border crossings have continued to climb and reach record levels.
The ruling is an enormous win for America and the rule of law, but it may have come too late. Since January, Biden’s DHS has released thousands of “remain in Mexico” applicants into the interior of the United States. Over 8,000 “remain in Mexico” applicants have been released into America by the Biden administration, with the majority of the non-citizens going to major cities in California and Texas. However, according to Judge Kacsmaryk, these releases violated federal law since DHS is supposed to either return or detain illegal border crossers. To quote the ruling, “Section 1225 provides the government two options vis-à-vis aliens seeking asylum: (1) mandatory detention; or (2) return to a contiguous territory. Failing to detain or return aliens pending their immigration proceedings violates Section 1225.”
Moreover, it is currently unclear whether or not Biden and his administration will fight and appeal the decision or if they are going to respect it. This uncertainty is exacerbated by the fact that Biden recently defied a ruling from the U.S. Supreme Court and directed the Centers for Disease Control to issue a 60-day eviction moratorium.
Americans should not expect any positive action from Biden with regard to the border crisis that he created. Since he was inaugurated on January 20, 2021, Biden has made it a priority to put illegal immigrants over Americans. On his first day in office, Biden ended the construction of Trump’s border wall along the southern border, halted deportations for most illegal immigrants, restarted Obama’s illegal DACA program, and introduced a plan to provide citizenship to upwards of 11 million non-citizens. Since then, Biden and his administration have exponentially raised the annual refugee cap, provided at least $86.9 million worth of hotel rooms to non-citizens, and helped transport illegal immigrants across America via buses and airplanes.
Biden’s immigration policies have continually been ruled unlawful in court. This ironically means that Biden and his administration are acting illegally with regard to illegal immigration. Sensible judges are admirable, but their rulings are often too little too late. For example, it took nine years for a federal judge to finally declare DACA unlawful and suspend the program. Biden’s string of losses in court shows that he either has no understanding or respect for American law and the Constitution, but the rulings mean very little to an inept executive branch that has a Mayorkas-led DHS and Pelosi/Schumer-led Congress to continue to enable the dangerous and illicit actions of Joe Biden. After all, if Biden does not even respect rulings from the U.S. Supreme Court, why would anyone expect him to respect a ruling from a lower judge?
Nice article however, based on other previous events, it is doubtful that Pres. Biden and the administration will abide with its ruling. It will just thumb its nose to the judicial ruling and do as they please without accountability.
Assuming the administration abides by the ruling, which I doubt, it would be meaningless unless they also round up every relocated illegal and return them to Mexico. The illegals should never have been admitted period. Every thinking American knows the truth about the demorats reasoning, votes and political power.
Thank you Judge Kacsmaryk!
Hopefully, it will stand.
Yes Biden continues to do whatever he wants to do to the detriment of American citizens just like Obama
did. So what happens when he ignores a the Supreme Court ruling?
If nothing is the answer why even have a Supreme Court. Biden wants power at the financial cost to all of us.
Thank you Judge Kacsmaryk! I with the rest of them would also do something to save our country.
Praise God for the courage of these men! With what is happening in Afghanistan there will no doubt be efforts for an increase of terror cells in America. We must say ‘NO!’ to this recklessness.
Also, Biden’s handlers most likely are planning the segue to his VP to be his replacement before his administration is removed from the White House.
Impeach him and all his ilk…now!!
YES!!!
Kudos to the judge, he’s ( 7 ) months too late & this administration will IGNORE the ruling in either case…There is NO US Constitutional recognition from the criminal enterprise currently occupying 1600 Pennsylvania Ave…Lest we forget the ( 50 ) Executive Orders ready to be signed into law on Biden’s 1st day in office…He has NO idea what it was he signed. The damage has been done…
Biden is close to being REMOVED from office & in the very near future it will be a women finishing us off… ( 7 ) months in & a senile old man has already had his Saigon moment in getting the US out of Afghanistan with our tails between are legs once again. While he vacations in his basement in DE, Rome is burning to the ground…Time for this BS to end already & get some real leadership in place to clean up these incoherent idiots mess… The world is watching America destroy itself from within all the while the CCP of China is smiling with approval along with their compliant rats in Congress, all ( 3 ) dozen of them…
Thank you Judge for your clear-headed ruling. Unfortunately, we are being governed by a President
A little red bar on the screen ask for my opinion. So here is my opinion. At this point after the debacle in Afghanistan I have concluded that all of those involved in the decision making process for the current administration in Washington D.C. have committed numerous instances of treason against not only the American people but its allies and partners. Before they can do anymore harm to the UNITED STATES of AMERICA, the world’s last bastion of true freedom and the rest of the world, they should be gathered up with extreme prejudice and taken to Guantanamo Bay where they will await whatever final justice that a military tribunal would administer.
The governors and state attorneys general should begin overruling the President, such as the renter eviction ban, within the borders of their states, since they now have the backing of the federal courts, including the Supreme Court. Also, as much as possible, the illegal immigrants released by the Biden administration into the US should be rounded up and sent back to Mexico.
About time. Biden has already done an immense amount of damage to outUSA!
Please take this the way it’s intended. Seems like the only judges with common sense and courage have names like Kacsmaryk, Valenzuela….. they must have had great teachers and families. Can you believe they read, interpret the law and intensions as written. Can we put out a “Wanted” ad for more?
Bravo!!!!!!!!!!!!!!!
biden has got to go!!!!!!
Biden definitely has no understanding or respect for American law and the Constitution, and if he does, he is more criminal than insane.
Folks can deny this all they want, but, with the communists ( D ) at the helm of this administration the USA will become the USM ( mexico ). It will come to vigilante rule here in due course.
Trump was investigated for things he did not even do.
Biden does things that are totally illegal and no one does anything about it.
You know how computers are hacked? Our elections have been hacked and time to shut down the crime syndicates in federal, state, military, judicial, media, CDC, Twitter, Facebook, google, Apple, Microsoft, Soros , Bill Gates foundation , WHO, UN all government hackers with no social , communications , money for life and many more! Cut the tentacles off now!! Enough is enough!!
Wow! A federal judge with common sense and a patriot who honors his oath and the Constitution, to boot. In this age of “Look at me” political correctness and judicial activism, how refreshing, and hopeful, to see that true and honorable judges still exist. God bless the honorable Judge, Matthew Kascmaryk!
This makes Biden a criminal. He should be taken out of the White House in handcuffs and into a mental hospital or jail.
God bless you Judge Kacsmaryk. Can you go a little further and arrest the Democratic party for breaking so many laws and going against our beautiful constitution? They should be hung or shot for treason!!!
I agree with most all of the comments here, and applaud this common sense ruling. The real question now, however, is “How is Judge Kacsmaryk’s ruling going to be executed and enforced”?
Looks like there is at least one judge in the jurisprudence system that has a proper blend of common sense and legal knowledge!!!!
Does anyone think one judge with great common sense is going to have any effect on this administration. Both Biden and Cammala are laughing their heads off!
I am appalled at the lack of respect this president has for the American people and our nation. No president or citizen of USA should put any person or country before our own.
From day one the United States of America saw what Joe Biden and his handlers had in mind for what they thought is their country. This followed over four years of intentional war against a duly elected president. This was a coup enacted by subversives in the Democratic Socialist party with the intention to remove Donald Trump from office. Their were many bad actors involved in this planned overthrow of the US government all of which should suffer the utmost penalty allowed for their subversive actions.
Biden was jealous of Trump because he was successful. I read an article about the ISIS and TALIBAN sent a viable threat to the United States, telling Americans to stop coming to the Kabul airport. These border issues in Mexico are equally as dangerous. Biden has placed American States and people in a major position for terrorism. Thank you Biden and Harris and Pelosi. Here comes 9/11 has well. They have all of those innocent afghans and Americans to be slaughtered. The blood is on the idiots previously mentioned.