Judge Blocks Biden Bid to End ‘Remain in Mexico’ Policy

A federal judge on Thursday temporarily blocked the Biden administration from ending a Trump-era policy requiring asylum-seekers to wait in Mexico for hearings in U.S. immigration court.

U.S. District Judge Matthew Kacsmaryk in Texas stayed the termination until legal challenges by Texas and Missouri are settled but didn’t order the policy reinstated. The impact on the program wasn’t immediately clear.

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Under Trump, about 70,000 asylum-seekers were forced to wait in Mexico for U.S. hearings under the policy introduced in January 2019. President Joe Biden — who said it “goes against everything we stand for as a nation of immigrants” — suspended the policy on his first day in office.

That sparked a long and tortured legal and administrative path.

Kacsmaryk, a Trump appointee in Amarillo, ordered that the policy be reinstated in 2021. The Biden administration complied with the order after agreeing to changes and additions demanded by Mexico. But it didn’t enforce the policy widely and only a few thousand people were sent back to wait in Mexico.

The U.S. Supreme Court ruled 5-4 in June that Biden had the ability to end what technically are known as Migrant Protection Protocols. But it threw back to Kacsmaryk one main issue: determining whether the administration’s action was “arbitrary and capricious” and thus violated federal law for crafting regulations.

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