An appeals court has denied a request by the Biden administration to halt restarting former President Donald Trump’s ”remain in Mexico” policy, CBS News reports.
U.S. District Judge Matthew J. Kacsmaryk ordered Saturday’s reinstatement of the program last week. The administration requested a delay and argued in briefs that President Trump has ”clear authority” to decide immigration policy. Homeland Security Secretary Alejandro Mayorkas also has discretion when it comes to deciding whether or not to return asylum-seekers back to Mexico.
On Thursday, the panel of the 5th Circuit Court of Appeals rejected the request.
“Even if the Government were correct that long-term compliance with the district court’s injunction would cause irreparable harm, it presents no reason to think that it cannot comply with the district court’s requirement of good faith while the appeal proceeds,” the ruling stated.
The policy was implemented in 2019. Asylum seekers are allowed to stay in Mexico during their U.S. immigration case.
Biden suspended the law on his first day of office, but it was challenged by lawyers from Missouri and Texas.
Eric Schmitt, Missouri Attorney General, praised Friday’s decision by the appeals court.
“Last night, we won another major victory against Biden’s Department of Justice in our lawsuit to reinstate the ‘Remain in Mexico’ policy, with the 5th Circuit denying their request for an emergency stay,” he stated in a statement.
“Last week, we delivered a massive win for border security and the rule of law, and that winning streak continues today. I will continue to fight to ensure that this successful Trump-era policy is re-implemented, and that the crisis at the border is quelled.”
Since Biden’s election, the U.S. has witnessed a dramatic increase in border crossings between Mexico and the United States. This includes July when U.S. Customs and Border Protection arrested 212,672 individuals.
Mayorkas stated last week that the ”serious problem” at the border had been made more difficult by the fact that the previous administration had dismantled the asylum system.
