Posted on 12/15/2021 11:02:14 AM PST by Fractal Trader
On December 13, a three-judge panel of the Court of Appeals for the Fifth Circuit affirmed an order issued by Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas, enjoining the Biden administration’s June 1 termination of the Migrant Protection Protocols (MPP), better known as “Remain in Mexico”. The circuit court’s decision is a doozy, and I trust the Biden administration is chastened by the exercise.
History of Remain in Mexico, and the Biden Administration’s Attempts to End It. In a November 4 post, I provided a full run-down of the Remain in Mexico saga (up to that point), but here is the extremely abridged version: In January 2019, then-DHS Secretary Kirstjen Nielsen initiated MPP to allow CBP to return aliens apprehended at the Southwest border back to Mexico to await their removal proceedings.
Nielsen created MPP to “address the urgent humanitarian and security crisis at the Southern border” and “end the exploitation of our generous immigration laws”. The program went through various stages of litigation but was up and running by the middle of 2019.
In its October 2019 assessment of the program, DHS determined that MPP was “an indispensable tool in addressing the ongoing crisis at the southern border and restoring integrity to the immigration system”, particularly as related to alien families. Asylum cases were expedited under the program, and MPP removed incentives for aliens to make weak or bogus claims when apprehended.
Then-candidate Joe Biden railed against MPP, and on January 21, the Biden administration suspended new enrollments in the program. On April 13, the states of Texas and Missouri filed suit challenging the suspension of MPP in federal court in Texas, which was assigned to Judge Kacsmaryk.
On June 1, while that case was pending, the new DHS Secretary, Alejandro Mayorkas, issued a memo terminating MPP. That termination was rolled into the pending case brought by the states.
On August 13, Judge Kacsmaryk issued an order enjoining Mayorkas’s termination of MPP.
The government appealed that decision and asked a three-judge panel of the Fifth Circuit to stay Judge Kacsmaryk’s injunction, which it declined to do in an order dated August 19. That prompted the administration to file an application for a stay of Judge Kacsmaryk’s order from the Supreme Court, which was denied in a brief order from the Court issued on August 24.
While the underlying circuit court appeal was pending before a slightly different three-judge panel of the Fifth Circuit (Judge Andrew Oldham, who wrote the latest decision, was the only judge on both panels), Mayorkas issued a new memo terminating MPP on October 29.
That termination was set to “be implemented as soon as practicable after a final judicial decision to vacate” Judge Kacsmaryk’s injunction was issued and contained a slightly new rationale for terminating MPP, as I explained on November 1.
Oral arguments before the Fifth Circuit in that case were held as scheduled on November 2, and the timing of Mayorkas’s latest memo did not sit well with at least one of the judges.
It’s a doozy - incredible DOJ overreach
ping
Nobody would want the foreign migrants to "remain" in their countries when they can stay put in another country.
-PJ
No more immigration.
None.
Merrick Himmler was in line to be a Supreme Court jester...
NEVER. Leftists do NOT experience shame. They have 'seared' their consciences 'with a hot iron' as the Apostle Paul put it. There is only the march toward communism, and things that help them and things that slow them down.
Before Rhesa Hawkins Barksdale [G.H.W. Bush judge], Kurt D. Engelhardt [Trump judge], and Andy Oldham [Trump judge], Circuit Judges.
Before Rhesa Hawkins Barksdale [G.H.W. Bush judge], Kurt D. Engelhardt [Trump judge], and Andy Oldham [Trump judge], Circuit Judges.
Appeal of an order from Trump judge Matthew Kacsmaryk, Northern District of Texas.
It's the "caravans" with their asylum claims that we have to judicate. Mexican illegals can still be immediately returned to Mexico.
I think I also read that many of the Central American countries (Triad?) were asking for asylum in Mexico and were being granted.
I'm still not sure how the DOJ can negate Congressional laws regarding illegal immigration. Many laws are on the books and it's the Executive Branch that enforces those laws. Trump's MMP policy that he worked out with the Mexican President was perfectly legal and friggin worked!
Is there anything that the Dems/Socs/Commies will enforce according to lawful legislation? They ignore long standing law in the cities, counties, state, and fedgov.
When is enough? As I've said many times, I don't want another rebellion. My proposal has been to start doxxing and protesting down the streets of these damn Socialist/Commies. May be they'd get the message if just annoyed all the time. Follow local law and leave their kids out of it.
I love the opinions that cause me to snicker throughout. :)
It’s what communists do.
My sentiments exactly.
We’re not Motel 6 for the whole world.
Thanks Fractal Trader. When we get the President back, he'll be free to do whatever he wants, and I suggest, using a phone and a pen and a gallows.
No, no. You are assuming today’s social-democrat (communist) racists at the head of the executive offices in government will follow the law. Will enforce the law.
They will NOT. They will NOT enforce ANY part of ANY law (or court order) that they disagree with.
So, is the Biden farce actually complying with the order or continuing as it wants to?
Are the illegals very recently shipped to Chapel Hill NC and working at jobs as employees of a contractor providing janitorial and other services to the local Target retailer to be returned to Mexico?
There must be a Remain in Honduras policy that is enforced by American Marines.
There is ample precedent for US Marines to invade Hondouras and stop the migration cold. Honduras as it presently exists must be destroyed for the good od America
There is no law
You must not try to continue to rely on fictional laws
If there is no law, then there is no law.
The life of any progressive is at risk in our lawless condition
Well, you’re right . . . however. If a spake and continuous torrent of court cases come, STATES can enforce the law and it increasingly becomes difficult for the feds to interfere short of sending the whole army to, say, the border. Biteme won’t do that.
He’s already at 40%, many polls have him at 36%. The news of such actions would be so murky many Americans (Not all, certainly not all DemoKKKrats) would be repulsed.
I think Biteme’s advisors know he is about to fall through the ice.
WE DO NOT WANT THIS FOLKS. We want him on that wall, we need him on that wall at least until 2023. His approval will move up and down a little, but the trend line for the DemoKKKrats is like that of the Titanic. We must carefully time it so that by 2022 they are in the 20s. Don’t let them replace the Rutabaga with anyone who might have sympathy for “coming into a bad situation” as Ford initially had.
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