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Biden suspends border policy to stay in Mexico due to court order

Judgment upholding termination of "remain in Mexico" policy

On Monday, US border officials suspended a Trump-era rule that required certain immigrants to wait for an asylum hearing in Mexico. The moratorium follows a federal court order ending legal exchanges over efforts to end President Biden's policy.

In a statement, the Department of Homeland Security (DHS) said: It said it had halted the placement of immigrants under the Immigration Protection Protocol, a policy colloquially known as "Stay in Mexico." It also said it would process immigrants already enrolled in the program so they could continue to apply for asylum in the United States.

We are working to end it in a way,” the ministry added, urging asylum seekers to rely on official information from the government and not on smugglers.

Monday's announcement comes more than a year after the Biden administration first moved to end Mexico's Remain rule, possible by court order. Became. early hours on Monday.

In his one-page order issued Monday afternoon, U.S. District Court Judge Matthew Kaksmalik issued last year's ruling calling for the Biden administration to reinstate the Mexico Remaining Protocol, which had been initially suspended. discarded. President Biden's first day in office in January 2021.

Earlier in the day, Justice Department attorneys representing the Biden administrationcalled on Kaksmalik to vacate the August 2021 ruling on the grounds of the Supreme Court's ruling. asked. He called in June to reject legal claims by Republican officials in Texas and Missouri that Kaksmalik upheld in last year's order.

The Supreme Court ruled him on June 30th, but it did not make him legally binding until August 1st. The Circuit Court of Appeals ruled against the administration last year.

Monday's order is a legal victory for asylum seeker supporters who have called Remain Mexico policy inhumane and harsh, but has limited impact on current US border policy. is. Only a small percentage of immigrants are enrolled in the program.

Since the Migrant Protection Protocol was reinstated in December 2021, government data shows that 5,764 migrants have entered Mexico under the policy.During the same period, US border officials reported record levels of illegal immigration,according to DHS statistics more than 1.4 million immigrants processing.

Migrants in Eagle Pass, Texas USA
Immigrants entered Eagle Pass, Texas illegally from Mexico on July 26 to be processed by U.S. Border Patrol. After waiting at high temperature, it is transferred. , 2022. Allison Dinner/Anadolu Agency via Getty Images

The Trump administration launched her MPP policy in early 2019 and used it sent her 70,000 immigrants back to Mexico. One of them lived in a poor camp near the US border. Human rights activistshave documented reports of hundreds of attacks on immigrants forced to wait inMexico, including US authoritiesdetaining Americans for violent crimes and kidnappings. Also included areareas that have been warned against visiting.

The Trump administration said the MPP discouraged immigrants from using the asylum system to stay and work in the United States and seek better economic opportunities. Office, DHS ceased placing immigrants in programs. formally ended the policy. But Republican Attorneys General of Texas and Missouri filed suit, and Kacsmaryk ruled that the administration improperly terminated the protocol.

Former Trump appointee Kaksmalik urges Biden administration to properly end Mexico Remaining Protocol and establish enough detention facilities for government to hold all eligible immigrants He demanded that it be done "in good faith". to the Detention Act of 1996.

In response,Mayorkas issued a more comprehensive memo in October to end the MPP policy once again. However, Kacsmaryk's judgment was later upheld by the Fifth Circuit, which refused to consider Mayorkas' second dismissal memo. did.

Legislative setbacks forced the Biden administration to remain in Mexico in his December, but overhauled the programand officials said immigration asked if they feared persecution in Mexico. Before sending them on, provide coronavirus vaccines to registrants and exempt certain groups from the policy, including asylum seekers with severe medical conditions, the elderly, and members of the LGBT community.

Kacsmaryk's now-deceased ruling forces the Biden administration to shut down a program that allowed 13,000 asylum seekers previously registered with Remain-in-Mexico to enter the United States, allowing them to continue litigating domestically made it possible.

Camilo Montoya Galvez
Camilo Montoya-Galvez

Camilo Montoya Galvez is an immigration reporter for CBS News. Based in Washington, he covers immigration policy and politics.

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