An appeals court on Monday evening rejected another attempt by the Biden administration to end the Trump-era policy that requires migrants seeking asylum in the United States to wait for their cases in Mexico.
The 5th US Circuit Court of Appeals has ruled on the so-called ‘stay in Mexico’ policy that President Biden decried during the campaign trail and suspended just hours after taking office in January .
Texas and Missouri sued for the revocation, and a federal judge later ruled that the policy, officially known as the Migrant Protection Protocols, should be reinstated.
In Monday’s ruling, the appeals court wrote that the Department of Homeland Security “claims the power to enact a massive policy reversal – affecting billions of dollars and countless people – simply by typing a new Word document and publishing it on the Internet.
“No congressional input, no ordinary rule-making procedures, and no judicial review. DHS falls far short of its heavy burden to show that it can legislate in a vacuum,” the justices wrote.
Last week, in accordance with the federal judge’s decision to reinstate the policy, the Biden administration began sending the first asylum seekers back to Mexico.
With post wires
