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Judge allows Biden to end policy to stay in Mexico again

Texas federal judge Monday tells Biden administration to end Trump-era border rules requiring immigrants to wait Granted permission for U.S. Court of Exile hearings in Mexico to, at least for now, put an end to a year of legal back and forth over efforts to end President Biden's policies.

In a one-page order, U.S. District Judge Matthew Kaksmalik called on the Biden administration to reinstate the Immigration Protection Protocol, a policy colloquially known as "Stay in Mexico," which he undertook last year. overturned the judgment. was suspended on the first day of President Biden's inauguration in January 2021.

Earlier in the day, Justice Department attorneys representing the Biden administration saidthat the June Supreme Court decision It dismissed legal claims by Republican officials that Kacsmaryk upheld in last year's order.

The Supreme Court ruled him on June 30th, but it will not be legally binding until August 1st, and the Biden administration will A few legal hurdles had to be cleared before requesting. Kacsmaryk has reversed his orders, including a Fifth Circuit Court of Appeals decision that ruled against the administration last year.

Homeland Security representatives said in light of Monday's order whether they have begun taking steps to end Mexico's Remaining Protocol and whether they will reinstate the processes that make them possible. 

In the second memo terminating the protocol, Homeland Security Secretary Alejandro Mayorcas stated that his department would thereafter "as soon as practicable." "I am ending my stay in Mexico," he said. Kacsmaryk's judgment was vacated.

While Monday's order is a legal victory for asylum seeker advocates who have called the policy of staying in Mexico inhumane and harsh, its implications for current US border policy would be limited. Only a small percentage of immigrants are enrolled in the program.

Since his December 2021 reinstatement of the Immigration Protection Protocol, government data show that5,764 migrants have reached Mexico under the policy. deported toDuring the same period, US border officials reported record levels of illegal immigration, processing more than 1.4 million immigrants, DHS statistics show.

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

The Trump administration launched her MPP policy in early 2019, using it to Sent 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 against immigrants who were forced to wait inMexico, including by U.S. officialswho werekilled for violent crimes and kidnappings. includesareas that have warned Americans not to visit.

The Trump administration said the MPP used the asylum system to discourage immigrants seeking better economic opportunities from staying and working in the United States. Office, DHS has stopped 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 has urged the Biden administration to properly end the Remaining Protocol in Mexico and until the government establishes enough detention facilities to hold all 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 again. However, Kacsmaryk's ruling was later upheld by the Fifth Circuit Court,who refused to consider Mayorkas' second dismissal memo.

Legislative setbacks forced the Biden administration to remain in Mexico in his December, but overhauled programs,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 serious medical conditions, the elderly, and members of the LGBT community.

Kacsmaryk's now-deceased ruling prompted the Biden administration to shut down a program that allowed 13,000 asylum seekers formerly registered with Remain-in-Mexico to enter the United States, preventing them from filing lawsuits in the country. made it possible to continue.

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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