On August 13, a federal judge for the U.S. District Court for the Northern District of Texas ruled against the Biden administration’s suspension of President Trump’s “Remain in Mexico” policy as carried out by Migrant Protection Protocols (MPP). It is designed to return some migrants from Mexico to their home country while formal removal proceedings are pending.
Last week’s order found that the MPP addresses problems associated with recent surges in illegal immigration along the southern border. They deal with the overflow created by fraudulent asylum claims. The administration is now forbidden from stopping the application of the MPP anywhere in the country.
The court established through the analysis that President Biden had created the current crisis on the southern border.
The opinion found that undocumented people should not remain inside the U.S. while their claims are pending. The immigration statutes provide that persons without entry documents or who misrepresent their identity “shall” be removed unless a valid asylum claim is presented.
The judge also detailed the facts regarding the surge in asylum claim fraud. Many captured illegal immigrants have found that making such a claim can prevent immediate return, regardless of the claim’s truthfulness.
The opinion found that only 14 percent of such claims were legitimate from 2008 to 2019. MPP was implemented to deal with aliens who make such fraudulent claims and then disappear inside the U.S.
When the Department of Homeland Security began using the MPP in January 2019, the Trump administration had Mexico’s cooperation in keeping immigrants with pending claims in Mexico. The U.S. then built temporary structures along the border to expedite hearings under the MPP.
The Trump administration determined that the MPP demonstrated “operational effectiveness” and administered the return of more than 55,000 aliens to Mexico. The MPP was found to be an “indispensable tool” in handling the border crisis.
Despite the proof of MPP’s effectiveness, the Biden administration suspended the protocols on Biden’s first day in office. The court found that the arbitrary suspension violated the Administrative Procedure Act and the immigration code. The court also found that the chief executive failed to faithfully execute the laws passed by Congress as required by the Constitution.
The court found that Biden’s cancellation of the MPP increased the number of aliens present inside the U.S. who should not have been permitted entry. The surge in the country’s border crisis was clearly shown to be the fault of Joe Biden and was allowed to happen contrary to established and effective federal law.
An appeal of the court’s decision is expected from the Biden administration. Unless the White House can secure an immediate stay of the trial court’s decision, the MPP will go back into effect seven days after the trial court’s order.