5th U.S. Circuit Court of Appeals won’t allow reversal of Trump’s ‘Remain in Mexico’ program

Immigration

Migrants part of the Remain in Mexico policy wait at the entrance to the Paso del Norte International Bridge on February 28, 2020, in Ciudad Juárez. – Migrant Protection Protocols, better known as the Remain in Mexico Policy was blocked by the United States Court of Appeals for the Ninth Circuit, seeming to halt a policy which drastically reduced the amount of border crossings. However, the court later granted the Trump Administration a stay on the program, for fear of creating an influx on the southern border. (Photo by PAUL RATJE/AFP via Getty Images)

EW ORLEANS (AP) — A federal appeals court has dealt another blow to the Biden administration’s attempt to undo former President Donald Trump’s policy requiring people seeking asylum in the United States to remain in Mexico while their asylum claims are processed.

In a Monday night ruling, the 5th U.S. Circuit Court of Appeals in New Orleans upheld a Texas-based federal judge’s decision maintaining Trump’s policy, formally known as the “Migrant Protection Protocols.”

President Joe Biden’s administration had appealed the August decision, but also began working with Mexico to reimplement the policy while the legal battle continued. Earlier this month, U.S. authorities sent the first two migrants back to Mexico under the reinstated policy.

Monday’s ruling by three 5th Circuit judges said the administration’s move to end the policy was arbitrary and violated a federal immigration statute requiring detention of those in the country illegally pending removal proceedings. If there is no capacity to detain them, Judge Andrew Oldham wrote for the panel, the statute allows the Department of Homeland Security to return them to “contiguous territories” while proceedings are pending.

Biden suspended the program on his first day in office in January and Homeland Security Secretary Alejandro Mayorkas formally ended it in June. But the state of Missouri and Texas sued to reinstate it. Texas-based U.S. District Judge Matthew Kacsmaryk issued an injunction keeping the policy in play, saying the administration failed to follow required procedures for ending it and did not have the capacity to detain all asylum seekers.

Mayorkas issued a revised version of the policy Oct. 29, but Monday’s ruling said the revision “simply reaffirmed the Termination Decision that the States had been challenging all along.”

When he issued the Oct. 29 policy revision, Mayorkas said the “Remain in Mexico” policy likely contributed to a drop in illegal border crossings in 2019 but with “substantial and unjustifiable human costs” to asylum-seekers who were exposed to violence while waiting in Mexico.

The panel that issued Monday’s ruling included Oldham and Judge Kurt Engelhardt, both nominated to the court by Trump, and Judge Rhesa Barksdale, nominated by President George H.W. Bush.

Copyright 2022 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

El Paso Correspondent Latest Stories

More Julian Resendiz

South Texas Correspondent Latest Stories

More Sandra Sanchez

California Correspondent Latest Stories

More Salvador Rivera

Border Report Correspondents' Stories

Latest Stories

Washington D.C.

More Washington D.C.

Don't Miss

borderlogo

About Border Report

The mission of BorderReport.com is to provide real-time delivery of the untold local stories about people living, working and migrating along the U.S. border with Mexico. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border.