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19 Attorneys General Have Asked the Supreme Court to Uphold a Decision Mandating the Complete Reinstatement of the “Remain in Mexico” Policy!


Nineteen state attorneys general, led by Indiana, have filed an amicus brief in support of a lawsuit filed by Texas and Missouri against the Biden administration in the United States Supreme Court.

They’re seeking the Supreme Court to affirm a lower court’s judgement for the Biden administration to completely reestablish the Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” policy, in accordance with the law.

“In America, no one is above the law, and we are just demanding that the Biden administration uphold the law,” said Indiana Attorney General Todd Rokita.

He went on to say, “The rule of law is the structure that allows American liberty to endure and prosper.” “The situation at our southern border exemplifies how weakening the rule of law leads to disorder, turmoil, and, ultimately, the erosion of our freedom and security.”

President Joe Biden announced the termination of MPP via executive order in January 2021. Secretary of Homeland Security Alejandro Mayorkas began dismantling it and other immigration regulations months later.

The number of interactions on the southern border thereafter soared to unprecedented heights. Approximately 2 million people crossed the southern border illegally during Biden’s first year in office, according to Customs and Border Protection and Border Patrol agents.

This figure does not include the hundreds of thousands of people who are believed to have eluded law enforcement.

At the same time, Mayorkas changed a slew of policies to essentially suspend the majority of deportations. Instead of sending illegal immigrants back to Mexico to go through the immigration process, CBP and Border Patrol personnel were told to let them all at once into the United States.

Texas and Missouri sued, and Northern District of Texas District Judge Matthew Kacsmaryk granted their request for a permanent injunction, ordering the government to reinstate the MPP.

19 Attorneys General

When the MPP was blocked, he found that the administration had broken the Administrative Procedure Act.

The administration lost its appeals to the Fifth Circuit and the United States Supreme Court. Its motion for a stay of Kacsmaryk’s ruling was dismissed by both courts.

After losing in the Supreme Court, the administration announced that it will appeal Kacsmaryk’s decision, promising to “vigorously oppose it.” “However, as the appeal process continues, DHS will comply with the decision in good faith,” it stated in a statement.

DHS, in collaboration with interagency partners, has commenced diplomatic consultations with the Mexican government about the Migrant Protection Protocols.”

The AGs contend that compliance hasn’t happened because of the influx of illegal immigrants the administration is allowing into the country and the strategies it’s employed in court to get around the law.

“The United States has been forthright about its intention to terminate MPP simply because it does not like the programme since the beginning of this Administration,

and its conduct demonstrates its readiness to do anything – including ignoring the APA’s requirements – to achieve that objective,” they argue in the brief.

They continue, “The Administration’s ‘act now, justify later’ attitude began on Inauguration Day when it unceremoniously paused MPP.”

“The Fifth Circuit correctly decided that the United States’ efforts to evade judicial review violated basic norms of the procedure throughout the appeals process,” they contend.

After the administration ends the Title 42 public health authority, an unprecedented number of people are expected to cross the southern border. The attorney’s general argued on May 23, putting the Supreme Court’s decision in jeopardy.

The MPP, which was implemented in January 2019 by President Donald Trump, resulted in a decrease in the number of persons unlawfully entering the United States.’

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During a public health emergency, the Trump administration also used Title 42 to allow CBP and Border Patrol personnel to promptly deport illegal immigrants and prevent the admission of a larger number of people.

Those who are not authorised to enter the United States are currently required to be detained, stay in Mexico, or be “paroled” into the United States based on tightly defined case-by-case situations such as “urgent humanitarian grounds or considerable public benefit.”

According to the attorneys general, the Biden administration has been giving mass paroles to release illegal aliens into the United States, in violation of the law.

The administration claims it inherited a broken system and that its policies are more compassionate than those of the previous administration. “It is not our preference to be reimplementing and reinstituting the Migrant Protection programme,

” White House press secretary Jen Psaki told reporters last December after the administration lost another court battle in the case. “… we still feel that the programme is inefficient, inhumane, and we are not – we weren’t – we didn’t eagerly reimplement it.”

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