In the drama being played out at the southern border with Mexico, one of the moves that President Donald Trump made that Crazy Uncle Joe Biden undid upon squatting in the White House is the little matter of forcing migrants applying for asylum in the United States to wait their turn in Mexico.
Lawyers for the states of Texas and Missouri were not happy with that turn of events, claiming that the Biden administration had not followed proper procedure, and so they sued the government to have the Trump rule reinstated.
Last week a 5th Circuit judge ruled that the Trump era law is to be reinstated. The Biden camp argued that as commander in chief, it’s really Biden’s call and asked for a stay on the reinstatement.
On Thursday, a panel with the 5th Circuit told the Biden people to go pound sand.
President Joe Biden had suspended former President Donald Trump’s “Remain in Mexico” policy on his first day in office and the Department of Homeland Security said it was permanently terminating the program in June, according to the court record. U.S. District Judge Matthew J. Kacsmaryk last week ordered that the program be reinstated Saturday.
The Biden administration appealed to the 5th U.S. Circuit Appeal in New Orleans and asked for a delay in re-implementing the program, formally known as Migrant Protection Protocols, pending appeal. The administration argued in briefs that the president has “clear authority to determine immigration policy” and that the Secretary of the Department of Homeland security, Alejandro Mayorkas, had discretion in deciding whether to return asylum seekers to Mexico…
A three-judge 5th Circuit panel denied a stay of Kacsmaryk’s order late Thursday. “Even if the Government were correct that long-term compliance with the district court’s injunction would cause irreparable harm, it presents no reason to think that it cannot comply with the district court’s requirement of good faith while the appeal proceeds,” the ruling said.
As more of Joe Biden’s attempts to erase the Donald Trump presidency is challenged, expect to see more of this.
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