Federal judge orders reinstatement of Trump’s ‘Remain in Mexico’ provisions

In a development that represents a real vindication for former President Donald Trump, a federal judge ruled that the Biden administration must reinstate the so-called “Remain in Mexico” policy he championed and “enforce and implement” its provisions, as Fox News reports.

The decision came after the states of Texas and Missouri requested a preliminary injunction against the administration in the wake of a June 1 memo issued by Homeland Security Secretary Alejandro Mayorkas which declared its formal decision to end the policy, often referred to formally as the Migration Protection Protocols (MPP), as NBC News noted.

In that memo, Mayorkas explained, “I have determined that MPP does not adequately or sustainably enhance border management in such a way as to justify the program’s extensive operational burdens and other shortfalls. Over the course of the program, border encounters increased during certain periods and decreased during others,” and claimed that the policy overall had yielded “mixed results.”

However, as The Hill reported, U.S. District Judge Matthew Kacsmaryk found that the Biden administration had acted in violation of key procedural rules and had not acknowledged “several of the main benefits” of the MPP.

Critically, Kacsmarek said that the states at issue were suffering harm as a result of the MPP’s end, given that migrants dispersing into the country’s interior would necessarily utilize costly healthcare, educational, and infrastructure resources, The Hill added.

According to Kacsmarek, a Trump judicial appointee, federal officials must resume enforcing the provisions put in place by the MPP until it is “lawfully rescinded,” according to CBS News, though he delayed implementation of the ruling for seven days so that the Biden administration would have an opportunity to appeal.

Developed in the latter part of 2018, the Remain in Mexico policy was a key element of former President Trump’s overall strategy for deterring illegal immigration to the nation’s southern border, and roughly 70,000 asylum applicants hailing from countries other than Mexico were swept up by the program and returned to wait in Mexico until their claims could be addressed, CBS News further noted.

According to The Hill, reports last week revealed that the tally of attempted southern border crossings skyrocketed to their highest point since 2000, with over 212,000 of them occurring in July alone, numbers that bolster Kacsmaryk’s assessment of the high cost of an unfettered influx of migrants awaiting adjudication of asylum claims.

While it is certainly encouraging news that Judge Kacsmaryk took concrete steps to put the brakes on the unchecked illegal immigration the current president has invited with open arms, it remains to be seen whether his ruling will survive if, as seems likely, the administration decides to appeal.