Court Upholds Judge’s Ruling to Revive Remain in Mexico Policy

In a second blow to the White House, an appeals court on Thursday denied a stay on a federal judge’s ruling to restore the Trump Administration’s “Remain in Mexico” policy.

Formally known as the Migrant Protection Protocols, President Biden suspended the program as one of his first actions as president and announced an official end to its execution in June of 2020.

U.S. District Court Judge Matthew Kacsmaryk ruled last week that the Biden Administration acted “arbitrarily” and in violation of the Administrative Procedure Act when it ended the policy which had helped stem the border crisis.

By denying the Biden Administration’s request for a stay, the 5th Circuit Court of Appeals has compelled the federal government to make asylum-seekers wait in Mexico as their applications are processed beginning on Saturday.

However, the White House will likely request an emergency stay from the U.S. Supreme Court which will likely have the final say on the landmark court battle.

The legal dust-up comes as the border surge shows no signs of slowing. According to Customs and Border Patrol (CBP), border encounters in the month of July set a 21-year record at more than 212,000. That brings the total to 1.1 million in 2021 alone.

Compounding the problem is the public health threat posed by immigrants who have been shown to test anywhere from 10 to 40 percent positive for coronavirus.

There is also a national security threat risk, says former CBP Chief Rodney Scott who was forced to resign so President Biden could select his own appointment.

In a farewell video message to his agents, Scott warned that the U.S. is seeing an unprecedented number of illegal crossings by those named in the FBI’s Terrorist Screening Database.

Back in March, CBP told Congress that four suspected terrorists had been arrested while trying to cross the border. That’s as many as in the previous two years combined.