Judge orders U.S. to reinstate Trump-era “Remain in Mexico” asylum policy

Friday afternoon saw some breaking immigration news.  A federal judge ordered the Biden administration to reinstate the Trump-era policy of requiring asylum-seekers to wait in Mexico for their U.S. court hearings. U.S. District Court Judge Matthew J. Kacsmaryk, who was appointed by former President Trump, ordered the Biden administration to revive the “Remain in Mexico” program (also known as the Migrant Protection Protocols) until it is “lawfully rescinded” and the government has the detention capacity to hold all asylum-seekers and migrants subject to mandatory detention. Judge Kacsmaryk stayed the ruling for seven days to give the Biden administration time to file an appeal.

In his 53-page opinion, Judge Kacsmaryk said the memo Homeland Security Secretary Alejandro Mayorkas issued in June to end the Remain in Mexico policy violated federal administrative law because Mayorkas failed to consider the program’s benefits,  such as the deterrent effects on migrants who would not qualify for asylum. Judge Kacsmaryk also determined that the end of the policy violated U.S. immigration law because there is not sufficient detention capacity to detain all migrants subject to mandatory detention.

The states of Texas and Missouri filed the lawsuit.

Needless to say, the Immprof listserve has been buzzing with criticism of the court ruling.

KJ