Biden administration hopes to end stay-in-Mexico policy after court-ordered re-enforcement

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Nearly a year after President Biden took office, illegal immigration remains serious and a key border security policy his administration had terminated appears to be making a gradual reappearance.

In Texas Border Patrol sectors, more than double the number of illegal aliens were apprehended in November of last year compared to the previous year, according to the most recent update by the United States Customs and Border Protection (CBP).

The U.S. Department of Homeland Security (DHS) continued to deport illegal aliens under Title 42 of the United States Codewhich allows the federal government to prevent the “entry” of foreign persons when the Surgeon General has determined that there is a risk of spreading a communicable disease.

In its most recent operational updateCBP reported that in November, Title 42 was the basis for just over half of illegal alien deportations in the United States, about two-thirds of which were single adults.

The law was originally invoked by Trump to respond to the COVID-19 pandemic, and DHS Secretary Alejandro Mayorkas fought in court to keep the policycalling it a “public health imperative”.

Another measure taken by President Trump that has survived his presidency is the Migrant protection protocols (MPP), also known as Mexico Stay Policy.

When the Trump administration unveiled the policy in January 2019, DHS defined the program as “a U.S. government action whereby certain aliens entering or seeking entry into the United States from Mexico – illegally or without proper documentation – may be returned to Mexico and wait outside the United States for the duration of their immigration process, where Mexico will provide them with all appropriate humanitarian protections for the duration of their stay.

Last year, a federal judge in Amarillo order the federal government to resume Migrant Protection Protocols (MPPs) in part on the grounds that the Biden administration violated the Administrative Procedures Act in withdrawal from the program. The decision follows a lawsuit filed by Texas Attorney General Ken Paxton and Missouri Attorney General Eric Schmitt.

After refuse to intervene in the lower court’s decision, the U.S. Supreme Court left DHS no choice but to reimplement the stay-in-Mexico policy, a process that was delayed for several months.

As is reluctantly reintroduced MPP, the Biden administration said on a conference call on Monday that it would try to provide lawyers and other forms of assistance, such as internet access at shelters in Mexico, to those waiting to seek asylum near the US-Mexico border, according to a report from ABC News.

In October, Mayorkas penned a new memo to end the stay-in-Mexico policy, hoping it would satisfy the courts. The Fifth Circuit Court of Appeals rejected his efforts in early December, but last week DHS asked again the United States Supreme Court to hear his case.

‘Just when you thought the #BidenBorderCrisis couldn’t get any worse,’ said Sen. John Cornyn (R-TX) tweeted last week in response to developments.

The White House has sought policies that would apparently be more compassionate toward those in the country illegally. However, he also had to wrestle with the perception that this clemency is an invitation.

In September of last year there was a surge of tens of thousands mostly Haitian illegal aliens in Del Rio. One of the factors that may have contributed to the influx was a misunderstanding that Haitian nationals would be allowed to stay in the United States via temporary protected status and canceled deportation flights. It was reported that many had been near the southern border for years before entering, hoping to apply for asylum.

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