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Appeals court won’t delay ‘Remain in Mexico’ return
The Associated Press ^ | August 20, 2021 | By KEVIN McGILL

Posted on 08/20/2021 6:07:03 AM PDT by Oldeconomybuyer

NEW ORLEANS — A federal appellate court refused late Thursday to delay implementation of a judge’s order reinstating a Trump administration policy forcing thousands to wait in Mexico while seeking asylum in the U.S.

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.

The ruling affects thousands of asylum seekers with active cases who were subject to the remain in Mexico program.

Kacsmaryk was nominated to the federal bench by Trump. The 5th Circuit panel that ruled Thursday night included two Trump nominees, Andrew Oldham and Cory Wilson, along with Jennifer Walker Elrod, nominated to the appeals court by President George W. Bush.

(Excerpt) Read more at apnews.com ...


TOPICS: Constitution/Conservatism; Mexico; News/Current Events; Politics/Elections
KEYWORDS: 3judgepanel; 5thcircuit; andrewoldham; andrewsoldham; andyoldham; border; corytwilson; corywilson; dubyajudge; election2020; federalistsociety; fifthcircuit; illegalaliens; invasion; jenniferwalkerelrod; matthewjkacsmaryk; ndtexas; threejudgepanel; trumpjudge

1 posted on 08/20/2021 6:07:03 AM PDT by Oldeconomybuyer
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To: Oldeconomybuyer

Translation?


2 posted on 08/20/2021 6:08:08 AM PDT by stanne
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To: stanne

“Translation?”

There are actually judges who LOVE AMERICA on the 5th Circuit. In this case, they are telling Biden that he needs to close the floodgates, at least somewhat, on the Southern Border.


3 posted on 08/20/2021 6:09:46 AM PDT by BobL (I shop at Walmart and eat at McDonald's, I just don't tell anyone, like most here.)
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To: stanne

Trump’s stay in Mexico policy is reinstated.


4 posted on 08/20/2021 6:10:22 AM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: stanne

Remain in Mexico should restart in Saturday. The Biden admin is appealing the initial ruling but have to abide by it until the appeal is heard or another higher court stays the original order.


5 posted on 08/20/2021 6:12:14 AM PDT by gunnut
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To: Oldeconomybuyer

The China-Joe-Ho Regime, in my opinion, will completely ignore this ruling and will not follow the order to re-instate the remain in Mexico ruling. Afterall, there is nothing a court can do to a Commie-Rat Regime that would matter to them. Fine them? LOL Chew them out in court? LOL Sanction them? LOL


6 posted on 08/20/2021 6:21:15 AM PDT by rigelkentaurus
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To: stanne

Translation: Biden’s an anti American jackass.


7 posted on 08/20/2021 6:22:43 AM PDT by Bullish (CNN is what happens when 8th graders run a cable network.)
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To: BobL; stanne

You’re correct in your “translation,” but that headline still makes my head hurt. It’s wrong to torture sentences like that


8 posted on 08/20/2021 6:26:07 AM PDT by j.havenfarm (20 years on Free Republic, 12/10/20! More than 3700 replies and still not shutting up!)
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To: j.havenfarm

LOL.


9 posted on 08/20/2021 6:34:46 AM PDT by BobL (I shop at Walmart and eat at McDonald's, I just don't tell anyone, like most here.)
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To: j.havenfarm

It is double triple quadruple negatives that lawyers are used to


10 posted on 08/20/2021 6:36:42 AM PDT by stanne
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To: Oldeconomybuyer

The communists in power are already ignoring U.S. immigration laws of all kinds. Who is going to make them comply with this ruling?

This is the fatal flaw in our constitution. The executive branch is supposed to enforce the law. If the executive branch is run by lawless criminals, the entire system becomes lawless.


11 posted on 08/20/2021 6:43:28 AM PDT by Gnome1949
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To: Oldeconomybuyer

Good! Now do “Return to Mexico”


12 posted on 08/20/2021 6:45:21 AM PDT by bigbob
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To: bigbob

Pretty soon, Mexico might start to look pretty good.


13 posted on 08/20/2021 6:46:02 AM PDT by dfwgator (Endut! Hoch Hech!)
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To: Oldeconomybuyer

Now we need a “Stay in Afghanistan” ruling.


14 posted on 08/20/2021 6:50:25 AM PDT by The MAGA-Deplorian (Democrats are lawless because Republicans are ball-less)
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To: Gnome1949
The President of the United States, proclaimed that he didn't think restoring the tenant rights of no rent was legal, "but I am going to do it anyway to give time to work its way up to the Supreme court again, about 2 months."

Why does the President and the CDC think they can commandeer my rental properties and why does everyone in the world agree with Biden and the CDC? This will not get better, property rights are gone, I'm selling. Wait if I do that, they will take any and all profits from that sale, its theirs afterall.

15 posted on 08/20/2021 7:02:01 AM PDT by thirst4truth (America, What difference does it make?)
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To: Oldeconomybuyer
There is no way you get 3 Trump appointees from a random draw of 17 with this mix:

That's about 5000:1

Once again, someone has their thumb on the scale and loaded the dice, in order to make the GOP do the dirty work of trying to seal the border. Xiden will now claim his hands are tied by a Trump court, after adding 3M mojados.

16 posted on 08/20/2021 7:03:02 AM PDT by StAnDeliver (Each of you have at least ONE of these in your 401k: Pfizer, Moderna, AstraZeneca, Johnson & Johnson)
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