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Biden Reversed – on Immigration Policy

Posted on Tuesday, August 31, 2021
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by AMAC, Robert B. Charles
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28 Comments
immigration

President Biden just got reversed by the Supreme Court, which upheld President Trump’s agreement with Mexico forcing those seeking asylum to stay in Mexico – not be released into the United States. This ruling matters. Here is why.

On the law, Biden halted Trump’s “Migrant Protection Protocols,” negotiated with Mexico. The US Court of Appeals, 5th Circuit, then ruled Biden could not do that.

They stayed his decision. Biden then appealed. The US Supreme Court sided with the lower court and against Biden.

One should note that – historically – Trump’s “Migrant Protection Protocols” were hardly novel. What made them novel was what came before – they reversed Obama’s decision to import asylum seekers – that is, permit unadjudicated asylum seekers’ residence in the United States.

Last legal note. You can probably see why Obama’s decision was troubling.

Traditionally, an asylum seeker must prove a “well-founded fear of persecution,” individuated risk presented by country of origin. To be at risk, they must apply from that country, not a third country – which would obviate their risk. Technically, Mexico should be granting asylum – except illegals want a free pass into America.

So, Trump worked a compromise – which was really a return to regular order, with the twist that America would consider these applicants from Mexico if they remained there during review.

On the facts, Trump’s reason for seeking this compromise was clear. More than 70 percent of those seeking asylum do not – after fair review – warrant asylum, no right to remain here. Finding them, however, is hard. Many never appear for their court date, vanishing into America. See, e.g., Asylum Denial Rates Continue to Climb.

So, Trump reversed that, then Biden reversed Trump – going back to Obama’s “open door” policies, ending “remain in Mexico.” The US Court of Appeals said – “whoa,” and prevented the reversal, and US Supreme Court just said, “yep that’s right.”

The immediate impact is asylum seekers will have to stay outside the US when applying, long the norm before Obama. They will have to prove a “well-founded fear of persecution” in their country of origin. If they cannot, no asylum.

Biden’s team says they will challenge the ruling on the merits but “agree” to comply “in good faith.” What the Supreme Court did is confirm Biden’s act was “arbitrary and capricious.”

Less obvious elements of this decision are the most interesting.

First, this case came through a federal district court in Texas, a state disproportionately affected by illegal immigration. Other 5th Circuit states are also adversely affected by illegals, plus states in the 10th (New Mexico), 11th (Florida), and unwieldy 9th (with Arizona, California, and Nevada). A decision on the merits may not go for Biden.

Second, the current ruling found Biden had “failed to show likelihood of success on the claim …” In other words, the underlying cause is weak. While three justices gave Biden a pass, the other six were clear – suggesting where a future ruling may go, against Biden. While Mexico saw advantages in the Trump protocols, groups favoring illegal immigration continue pushing.

Unfortunately, this ruling does not reverse Biden’s admission of 13,000 asylum seekers to date. Oversight of the “good faith” pledge will be important, to assure promises made are kept. Even that pledge is a bit odd. You see, Biden just ignored another Supreme Court ruling.

In June, the High Court said an extension of the COVID-related “eviction moratorium” must be legislative (passed by Congress) or was unconstitutional. Biden ignored the ruling, issuing an executive order extending the “eviction moratorium.”

Court watchers were aghast – a president openly disrespecting, disavowing the Supreme Court. That is why Biden’s pledge now – to act “in good faith” on immigration – is important. It seems to signal awareness that many question Biden’s respect for the Supreme Court, rebutting critics.

Of course, the fact that we are even talking about this – the idea that a White House would reverse a past White House on “arbitrary and capricious” grounds, and in another case ignore the Supreme Court, forcing a “good faith” pledge in this case, is rather remarkable.

But this is where we are – with an ideologically-preoccupied White House straining to “capriciously” change US immigration policies, while openly disrespecting the High Court.

None of this addresses the legality of those already here, or admission of COVID-infected illegal aliens – a word no longer officially allowed. None of this addresses Biden’s waivers to Title 42, effectively permitting unaccompanied children, pregnant women, and illegals with “underlying conditions” (whatever those are) into the country, even as capacity overflows. Major challenges.

Net-net, we live in challenging times – but for now, the US Court system is maintaining integrity. Courts have begun setting right policies Biden “capriciously” reversed.

If the Biden White House respects these Supreme Court rulings, hope survives.

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Karen
Karen
2 years ago

Recounting of votes from the election still going on. Still a glimmer of hope.

Kelli
Kelli
2 years ago

We need to take care of our own first!! Biden is a lying spineless coward!!!

Myrna S Wade
Myrna S Wade
2 years ago

Biden thinks he is the final authority. He will not respect the court. He will think he just needs to pack the court with his ilk.

Willie
Willie
2 years ago

Biden should be impeached he has killed American people,he has broken Supreme Court rules and he is lot a leader . Biden will destroy America and let other country bomb us and will not know what to do about any of it.Biden has never been smart in politics and never will be.Get the number out.

Rosalee Cavanaugh
Rosalee Cavanaugh
2 years ago

“Court watchers were aghast – a president openly disrespecting, disavowing the Supreme Court.”
Another branch of our legislation being broken down. The first to go was Congress. What will be left but a dictatorship.

John D. Beach
John D. Beach
2 years ago

Democrat control of the processes of the election of 2020 was “arbitrary and capricious.” No surprise here. Democrats believe that their choice is the rule of law and that the purposes of the constitution are irrelevant. This idea that political persons need not represent the rule of law—not merely the will of some of their constituents—is unconstitutional, regardless of the fact of Democrats attempting to change the demographics with minority diversity which presents unacceptable costs and consequences related to crime, provably.

james michalicek
james michalicek
2 years ago

Biden is a lying POS!!!

Eric The Patriot
Eric The Patriot
2 years ago

Biden has the lightest schedule of any president in history and is embarrassing bumbling through teleprompter speeches.

In his memoir, Robert Gates wrote that Biden had “been wrong on nearly every major foreign policy and national security issue over the past four decades.” This is a damning claim from one who had observed Biden in action.

Biden has been in office for only 8 months.
1) He’s handed Afghanistan over to the Taliban.
2) He’s allowed at least 1 million illegal immigrants into the U.S.
3) His out-of-control spending has ignited inflation-worst in 30 years.
4) He’s eliminated our energy independence (and killed thousands of jobs).
5) Our gas prices have soared.
6) He’s weakened our military.
7) Greatly increased the national debt.
8) Legislated another Infrastructure Plan (ponzi scheme).
9) Greatly increased the ‘free’ world’s mistrust in the USA.
10) His 47 year political career has produced the most corrupt family crime organizations.
11) Let’s throw in the scamdemic to boot!

Russ
Russ
2 years ago

Despite having many advisers and
the legal opinions and advice of endless lawyers and experts Biden still got it wrong. He is an ideologue, not open mi ded

Martin
Martin
2 years ago

Every Republican in Congress should be demanding Biden resign NOW. He is unfit to to lead our country.

J. Farley
J. Farley
2 years ago

The Supreme Court could work night and day for the next 6 months and they would still be things that they missed, correcting the damage that this Lying Weasel SLIME-BALL Biden has done to destroy America. We still have 3years and 4 months left of this Goofball, Brain dead Treasonous, Dirt Bag, and there is no end insight to the stupid stuff the left will shove down our throats. Just think in 8 months he has destroyed our standing in the world, the economy, Jobs, our sovereignty as a nation, our voting process, let alone the moral fiber as a nation.
People need to understand the Government can’t give you something that they didn’t first take from someone else, and part of what they gave you was something that they confiscated from you in the first place, giving back to you what was already yours.

Deni Huffman
Deni Huffman
2 years ago

Thank heavens! I agree it took too long to get to this decision.

Ryan
Ryan
2 years ago

Biden is a fool not American and should be sent to Guantanamo Bay, for safekeeping.GOD Bless American and let’s put Trump back into Office

Betsy t
Betsy t
2 years ago

And this treasonous maniac has the audacity to say that “White supremacy is the greatest threat to America”…

Sal C
Sal C
2 years ago

Victory!

Jerry
Jerry
2 years ago

We do not need more from South of the Border!!!

Gary Miller
Gary Miller
2 years ago

This Pretender & Chief is so much of a fool in all respects, everything that he has done that I’ve seen has been to the destruction or degrading of America. Is he a forigan agent or just a doddering fool?

Jeanette
Jeanette
2 years ago

This reversal took too long..

Kat1
Kat1
2 years ago

I will believe it when I see it. This administration respects no law but their own twisted policies. But don’t you dare question their edicts!

PaulE
PaulE
2 years ago

It all depends on whether the Biden administration really chooses to obey the SC ruling as they have already indicated they will appeal this. Coin toss RBC.

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