Pittsburgh Post-Gazette

White House to contest ‘Remain in Mexico’ ruling

- By Suzanne Monyak

WASHINGTON — The Biden administra­tion plans to challenge a federal judge’s ruling that the government reinstate a controvers­ial Trump administra­tion program that required asylumseek­ers to wait in Mexico for decisions in their U.S. immigratio­n cases.

The government filed notice Monday that it would appeal the ruling to the 5th Circuit Court of Appeals, the appeals court that covers Texas, where the federal judge ruled against the administra­tion Friday. The judge paused the effect of his ruling for seven days to give the federal government a chance to appeal.

In an opinion in a case brought by Texas and Missouri, U.S. District Judge Matthew J. Kacsmaryk of the Northern District of Texas found that Homeland Security Secretary Alejandro Mayorkas hadn’t offered sufficient rationale to end the socalled Remain in Mexico program in violation of administra­tive law.

The judge, a Trump appointee, ordered the administra­tion to implement the policy “in good faith” until it can rescind it in accordance with administra­tive law, and until

the government has capacity to detain migrants crossing the border without authorizat­ion “without releasing any aliens because of a lack of detention resources.”

The judge’s ruling “would force the government to return

to an illegal policy that places asylum seekers in danger and deprives them of their rights to protection under both domestic and internatio­nal law,” said Judy Rabinovitz of the American Civil Liberties Union, the lead attorney in litigation challengin­g the immigratio­n program during the Trump administra­tion. She said the Biden administra­tion “properly exercised its authority to end the policy.”

Jessica Bolter, an associate policy analyst at the Migration Policy Institute, predicted that if the administra­tion

loses on appeal, it would try to rescind the immigratio­n program again in a way that meets administra­tive law requiremen­ts. In the meantime, the administra­tion could also re-implement the policy “extremely sparingly,” so that few migrants would be forced back to Mexico.

Judge Kacsmaryk said Mr. Mayorkas “failed to consider several of the main benefits” of the Trump immigratio­n policy. The policy has been panned by humanitari­an advocates, but the judge noted the program had deterred migrants from seeking asylum.

 ?? Santiago Billy/Associated Press ?? A Central American asylum-seeker checks his mobile phone after he arrived at El Ceibo, Guatemala, on Thursday after being deported by air from the U.S. to Mexico and then shipped into Guatemala by land.
Santiago Billy/Associated Press A Central American asylum-seeker checks his mobile phone after he arrived at El Ceibo, Guatemala, on Thursday after being deported by air from the U.S. to Mexico and then shipped into Guatemala by land.

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