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Biden has no policy to stop illegal immigrants, but the fight is not over yet

The Supreme Court does not need the Department of Homeland Security to continue on Thursday in a blow to the state that has sued the Biden administration to bring the border under control. I have decided. Trump Era Immigration Protocol —Well known as “Staying in Mexico”. Lower courts cannot force the government to send illegal immigrants back across national borders and wait for immigrant hearings.

That opinion posed the most important question to the lower courts: Can the administration continue to release thousands of immigrants every day? And what obligations does the president have to enforce the law written by Congress?

Unlike all previous presidents, Joe Biden has no policy to stop illegal entrants. Instead, his administration is responsible for ensuring that all foreigners who enter the United States legally or otherwise have a "safe, orderly and legitimate route" to seek asylum. believe.

So, in part, the administration is fighting to end a pandemic-related order issued by the Centers for Disease Control and Prevention under title 42, and immigrants have entered the country. This is the reason for instructing the expulsion of. Illegal. Exiled aliens cannot apply for asylum. This is a process that can take years and is a protection that only 14% of border asylum seekers receive.

FILE - In this Nov. 2, 2018 file photo, Salvadoran migrants cross the Suchiate River near Tecun Uman, Guatemala, the border with Mexico.
AP / Oscar Rivera

Illegal entry surges due to lack of border deterrence policies ing. Border guards on the southwestern border arrested a record number of illegal immigrants in fiscal year 2021 and set a new monthly record for arrests there in May.

Overall,CBP has encountered more than 2.7 million illegal immigrants on the US-Mexico route since February 2021. The DHS expelled about 53% of them in Title 42, but more than 1.28 million were processed for removal procedures, and the government released about 1.05 million to the United States by the end of May.

That's not the way it's supposed to work. Immigration law requires DHS to detain illegal immigrants, with one exception. Congress has given the department very limited authority over the "parole" of individuals to the United States, but only "for urgent humanitarian reasons or for the significant public good."

The DHS claims that the surge in immigrants at the southwestern border overwhelmed its detention capacity, but the Immigration and Customs Department has not used all of its detention beds, and the president has been parliamentary. 2023 hopes to reduce more than a quarter of the detention space. Therefore, the administration argues that liberating illegal immigrants to the United States by parole is a"significant public interest."

The Supreme Court ruled in a narrow sense, finding that the DHS has the discretion to return illegal immigrants to Mexico and wait for a hearing, and therefore some discretion to not. Did. In addition, the judge terminates the MPPDHS Secretary Alejandro MayorkasThe latest memo is the final government agency, apart from previous versions of the court's finding that it violated the Administrative Procedure Act. It was decided that it was a lawsuit. Finally, the lower court ruled that it was not possible to order a class-wide injunction relief that would have hindered the Trump administration's numerous immigration initiatives.

It determines whether the law requires detention of illegal immigrants and whether Congress imposes restrictions on the executive branch's parole of illegal immigrants, and if so, those restrictions. Leave the evaluation to the lower court. Accompany.

Parliamentary Republicans who are hostile to the president's border policy will also have a say in these issues if they take control in November. Thursday's Supreme Court opinion is a retreat to the state, but it's far from the last word on Biden's border policy.

Andrew Arthur is a former INS Associate General Counsel, Parliamentary Staff and Staff Director, Immigration Judge, and is currently a Resident Fellow of Law and Policy at the Immigration Research Center.