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Biden Administration Urges Supreme Court to Let It End ‘Remain in Mexico’ Program

Posted on Friday, December 31, 2021
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by Outside Contributor
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35 Comments
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Department of Justice lawyers late Wednesday asked the Supreme Court to hear a case involving the “Remain in Mexico” program.

The policy was started during the Trump administration and forces many asylum seekers to wait in Mexico while their claims are heard.

The Biden administration ended it but was ordered by a judge over the summer to relaunch it. The judge said Homeland Security Secretary Alejandro Mayorkas didn’t adequately consider the benefits of the program, which included deterring some would-be illegal immigrants from entering the United States.

Mayorkas came up with a new memorandum in October attempting to end the program again, but an appeals court upheld the judge’s ruling, asserting the memo didn’t affect the ongoing case because it “simply reaffirmed the termination decision that the states had been challenging all along.”

Biden administration lawyers in the filing Wednesday told the Supreme Court that decision was made in error. The administration wants the nation’s top court to hear arguments from both sides and rule on the matter.

“The court of appeals’ decision has enormous legal and practical consequences, and there are compelling reasons for the court to review it promptly,” they wrote in a 45-page writ of certiorari.

One argument put forth—that the lower courts “improperly dictated the exercise of the executive’s statutory discretion.”

“By requiring the executive to engage in ongoing negotiations with a foreign sovereign over the contours of a border-wide immigration program, the lower courts effected a major and ‘unwarranted judicial interference in the conduct of foreign policy’ and executive prerogative,” the Biden administration said.

“Remain in Mexico” relies upon the Mexican government agreeing to allow the United States to move asylum seekers into Mexico.

After months of negotiations, the two countries reached a compromise on Dec. 2 to reboot the program.

If the Supreme Court doesn’t step in, the policy will stay in place unless Mexican officials stop cooperating or Congress approves funding to detain all the illegal immigrants that enter the United States, Biden administration lawyers said.

U.S. District Judge Matthew Kacsmaryk, a Trump nominee, found in August that federal law mandates immigration officers detain all illegal aliens unless there is no doubt that they are entitled to be admitted into the country.

Without “Remain in Mexico,” the government is “forced to release and parole aliens into the United States because defendants simply do not have the resources to detain aliens as mandated by statute,” he said.

Reprinted with permission from – The Epoch Times – By Zachary Stieber

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PaulE
PaulE
2 years ago

Of course the Biden administration and the Democrat Party are NOT going to stop importing millions of illegal aliens a year into the United States. Those are future Democrat voters essential to staying in power and winning in 2022, 2024 and beyond streaming across our southern border. If the Supreme Court does not rule in their favor, they will simply ignore the Supreme Court ruling. In the meantime, millions more illegal aliens continue to flow into this country every year under this administration.

Mary
Mary
2 years ago

Where exactly does the Sleepy administration expect to put these non-speaking English illegals, especially the children? They just dumped quite a few thousand in upstate PA, again where are they living? Who is caring for them?

This is the one of the worst cluster f*** that we as hard working Americans have to deal with and that crazy bunch of liars will stop at nothing to continue their charade. I sincerely hope the voting system will be heavily monitored and guarded the next time around.

George
George
2 years ago

Does the Biden administration wish to change the names of Texas, Arizona, New Mexico, and California to Mexico? And the rest of the states as well?

Barb
Barb
2 years ago

WHY urge the Supreme Court to end the Remain in Mexico program?? That ended when Joey took office on January 20, 2021, and it’s been open borders since that date. If you live in other states than Texas, New Mexico, Arizona, or California, then you really don’t get to see the full magnitude of the daily goings on. Maybe New Mexico and California loves it? I cannot even use the word “multiple”, but it’s many, many illegals making their ways thru South Texas, San Antonio, all the surrounding small towns, not to mention the drug busts, the vehicles loaded down with drugs, the people packed into the back of 18-wheelers or vans or cars, the vehicle chases on Interstates 10 and 35, the police/deputies/DPS parked along these Interstates because they have received “word” that something/somebody is attempting to make their way thru. God Bless these officers for all they do, for putting their lives in danger daily, and for attempting to protect the public along the way. I truly appreciate our police force.

Davidme
Davidme
2 years ago

You have to ask yourself, why would any True American President or Member of the Judiciary try to over turn “Stay In Mexico”??? The only reason is the part it plays Against their Evil Agenda to Effect to Further Destruction of Our Constitution, Our True American Values and Rule Of Laws!!! This would further their Unlawful, Illegal Immigration Crisis for More Unlawful, Illegal Votes and the Economic Destruction Of Our True America !!!!
Wake Up America, We Are In Very, Very Serious, Grave and Dire Danger “om Within” and From China, O’Biden’s Ally!!!!

THX 1138
THX 1138
2 years ago

The headline should have read, “Biden administration desires US Supreme Court to look the other way on the ‘checks and balances’ set up within the US Constitution”.

GTPatrioit
GTPatrioit
2 years ago

I’m more basic than anyone which means that anyone who does not satisfy the
7 year naturalization process ( I know, whats that ?) are not allowed to be here
at all. Simple.
I have worked with fine people who have satisfied that process. The naturalization
( what’s that ?) process assures that we admit those who are qualified, yes qualified,
to be here instead of mere democrat votes.

GTPatrioit
GTPatrioit
2 years ago

The main problem is that we are not sufficiently brutal, yes brutal, in forcing, yes forcing,
the Mexican govt to control the “caravan” problem.

Darius_Madea
Darius_Madea
2 years ago

That’s right, Uncle Joe, let Trump’s “remain in Mexico” plan end, and allow this country to be over-run by illegal INVADERS, who want to make this country into the squalid mess that they came from. Thanks, but no thanks, Uncle Sleepy, Creepy Joe

Fred
Fred
2 years ago

I personally believe the current order should remain. We don’t need anymore illegals coming into the USA. We have an immigration policy and that policy should be adhered to. It’s time to stop the BS.

Robin Walter Boyd
Robin Walter Boyd
2 years ago

What it boils down to is the Socialist and Communist Chinese backed Biden administration allowed hundreds of thousands of non-American people to enter the U.S. by illegally dismissing the program that President Trump put into place, and now is trying to get the Supreme Court to let them continue doing an illegal thing.
Maybe it has occurred in other periods of time, but in my 68 years, the U.S. Federal Government has never been more corrupt than it is today. There is more Socialist control of the Federal Government than in any time in history.

Bill on the Hill
Bill on the Hill
2 years ago

I’ve had an epiphany… Lets send Joe & Kamala on a weeklong camping trip, compliments of the American taxpayer to the white sandy beaches of Del Rio, Texas, set them all up, First Class, easy chairs so as they can sink their toes into the sand & meet & greet their fans as they wade across the knee deep water of the Rio Grande. This way no can any longer say that neither of them failed to show up down there to see first hand what is actually happening…But of coarse, they might need some secret service protection with full automatic weapons in order to keep up with the human traffic smugglers checking out the potus’s campsite just prior to them wading across to meet these wonderful people we call potus & vp…
Bill… :~)

David Millikan
David Millikan
2 years ago

More evidence that DICTATOR Beijing biden cares more about CRIMINALS and TERRORIST than AMERICANS and SECURITY of the UNITED STATES of AMERICA.

DonS
DonS
2 years ago

BIDEN=Big Idiotic Democrat Enrages Nation!

Donna
Donna
2 years ago

Sorry to say,, It’s all about the votes folks.

Robert Zuccaro
Robert Zuccaro
2 years ago

This has gone on for decades because politicians allow it to. Follow the money. Nuff said.

Mario Capparuccini
Mario Capparuccini
2 years ago

We must understand that only liberals are allowed to use the courts to advance causes that are radical, communist, and evil. Any time the courts do what is honorable the Democrats scream and throw their wah-wah temper tantrums. Enough already. If the Democrats hate our country so much, they can go to Iran, North Korea, Cuba, and China.

Tom
Tom
2 years ago

This illegitimate regime disregards current immigration laws and does as it pleases. Imagine if a republican administration tried this?

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