Another defeat for Biden means an even bigger win for America.
Sleep Joe’s policy of America Last, open borders, and limitless illegal immigration was dealt a heavy blow this week when the United States Supreme Court (SCOTUS) ruled in a favor of a lower court decision to reinstate Former President Donald Trump’s ‘Remain in Mexico’ border policy.
The Biden administration attempted to challenge the lower court ruling by requesting that SCOTUS rule in their favor — they were denied.
The Justice Department sought to have the court stay a recent decision by a federal judge in Texas that ordered the Biden administration to “enforce and implement” the policy, known as the Migrant Protection Protocols, until it could be lawfully suspended.
On Aug 13, Trump appointed judge, U.S. District Judge Matthew Kacsmaryk, ruled that Biden violated federal law when he suspended Trump’s border policy immediately upon taking office. The policy was officially rescinded on Jun 1. Biden’s decision to destroy the policy was ruled “arbitrary and capricious” by Judge Kacsmaryk, and in violation of the Administrative Procedures Act, which oversees the implementation of federal regulations.
Biden’s Justice Department, headed by Attorney General Marrick, asked the high court to block Kacsmaryk’s order, saying it would “severely disrupt” the administration’s operations at the border and that it threatened “to create a diplomatic and humanitarian crisis.”
In other words, Trump’s ‘Remain in Mexico’ policy prevented the Biden administration from implementing their radical open border policies.
The Supreme Court determined the government would not likely succeed on appeal on the merits of its claim that the administration’s rescission of the policy complied with the law.
Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan , the most liberal justices, granted the Justice Department’s stay application.
The Department of Homeland Security vowed to continue fighting Judge Kacsmaryk’s ruling, but said it would follow the SCOTUS ruling “in good faith.”
The original complaint was filed on April 13 by Texas and Missouri, which claimed financial injury due to the rescission of the policy. Trump implemented the policy in January 2019, directing his border officials to deport most migrants to Mexico while they awaited their day in immigration court. Mexican and Central American leaders approved of the Trump-era policy.
Missouri claimed that by arbitrarily ending the policy, Biden forced the state to redirect its resources toward combating human trafficking – and other enforcement measures – to combat the rapid influx of illegal immigrants to the state.
The Supreme Court’s decision was handed down amid successive months of historically high illegal border crossings, a situation Homeland Security Secretary Alejandro Mayorkas recently called “unsustainable.”
About 212,672 people were encountered attempting to cross the border in July, according to Mayorkas, the highest number in more than 21 years.
Author: Asa McCue
