Current immobilization of the Remain in Mexico program

Texas judge prevents government from eliminating the Remain in Mexico program

Recently, the Biden Administration has sought to eliminate once and for all the anti-immigrant policies put in place during the Trump Era. Today, the Remain in Mexico program is their priority. It is a policy that allows border patrol officers to immediately deport aliens entering the border without documentation, and send them directly to Mexico to await due process.

The Remain in Mexico program is, clearly, in dispute. Despite multiple attempts by Joe Biden’s administration to eradicate it, its efforts are again thwarted by the decision of Texas Republican State Judge Matthew Kacsmaryk.

In October 2021, a memorandum was drafted on the termination of the program, and it is that same document that is right now under the magnifying glass of the Republican opposition that wants to dismiss it.

Sweeping changes are taking place within immigration law, and the Biden Administration is doing what it can to ease burdens at the border and regularize the huge immigration flows entering the United States on a daily basis. However, what will happen to the Remain in Mexico program? Will the Texas judge’s ruling prevent its termination?

At Jaskot Law, we’ll tell you everything we know about these new immigration amendments, the bipartisan fights surrounding them, and what they mean for the immigrant community.

What is happening with the MPP?

First and foremost, it is important to clarify that the Migrant Protection Protocols (MPP) is a separate policy from Title 42, a measure that expires next week.

The history of the Remain in Mexico program dates back to 2019, when it was implemented by former President Donald Trump under his Zero Tolerance series of policies. Since then, controversies have not ceased to arise.

In October 2021, with the inauguration of Joe Biden, the Department of Homeland Security drafted a memorandum announcing its expiration. However, the news was not easily accepted; instead, to this day, the opposition remains strong, and does not hesitate to take matters into its own hands to keep the program afloat.

Still, hopes are not yet lost to bring the MPP back to the courts.

In June, the Supreme Court ruled 5-4 that the Biden administration had the ability to terminate the program, contrary to arguments from Republican states that wanted the policy to remain in force.

But that was not all, again, the Court referred the matter back to Matthew Kacsmaryk so that he assesses whether the memorandum was within the legal parameters under the Administrative Procedure Act (APA).

Since the Supreme Court’s affirmative vote, the Administration had already initiated the steps and procedures to terminate the program. Agreements with Mexico had fallen through, and immediate deportations to the southern country were declining.

What now? What is the future of the program?

With the Texas judge’s ruling, everything is back to where it was at the beginning: in an indecision and disagreement dilemma. The parties’ political interests intrude again and again on what is beneficial to the migrant community and to the United States as a whole. In this respect, Biden has said time and again that the program “goes against everything we stand for as a nation of immigrants,” yet it remains in place under his own tenure.

The southern border is currently a major site of conflict.

Many politicians have taken positions in favor as well as against Kacsmaryk’s decision, and there is still no word on how the Administration will proceed with these developments.

At Jaskot Law, we hope for a prompt resolution and termination of the Remain in Mexico program. In any case, our law firm specializes in deportation cases, so do not hesitate to communicate with us and learn about yours.