Supreme Court Overturns Biden’s Attempt to Cancel ‘Remain in Mexico’ Policy

Supreme Court Overturns Biden's Attempt to Cancel 'Remain in Mexico' Policy

( – The Biden administration can’t catch a break in federal court as the rule of law in America wins again. On Tuesday, August 24, the US Supreme Court (SCOTUS) declined to overturn the 5th Circuit Court of Appeals and a US federal district judge. It also refused to issue a stay regarding the ‘Remain in Mexico’ policy.

It’s at least the seventh time the federal courts have stopped Biden’s lawless and unconstitutional actions. The Department of Justice (DOJ) sought relief from federal Judge Matthew Kacsmaryk’s Remain-in-Mexico stay. On August 13, Kacsmaryk issued a 53-page ruling saying that the Department of Homeland Security (DHS) unilaterally violated the Administrative Procedure Act (APA).

Supreme Court Overturns Biden’s ‘Reversal of All Things Trump’ Agenda

In the one-page Supreme Court ruling, the 6-3 majority agreed with the 5th Circuit Court and federal court, saying the reason for denial was because the DHS rescission of the Remain-in-Mexico policy was “arbitrary and capricious.” Translation: the reason Biden terminated the rule was because Trump initiated it.

What does that mean?

The definition of arbitrary is to act “based on random choice or personal whim, rather than any reason or system.” Capricious is defined as given to “impulsiveness.”

The Biden administration didn’t terminate the Remain-in-Mexico policy because he had good reason. Texas and Missouri argued that the revocation of the policy hurt them by creating an unnecessary border crisis and inflicting a massive financial burden on their states. All three courts agreed and said the two states were likely to win based on the merits.

The Trump-era policy allowed the federal government to send migrants at the southern border back to Mexico instead of releasing them into the United States. Judge Kacsmaryk wrote that federal law provides the mechanism for the policy. He added that the DHS’ authority allowed it to send migrants back to Mexico until they hear asylum claims.

The federal judge added that the case wasn’t about immigration enforcement. The question is, where would DHS detain illegal immigrants while immigration judges decide who gets entry into America and who doesn’t based on international asylum laws?

DHS Says It Will Comply

A statement released by the DHS respectfully disagreed with the Supreme Court’s decision to decline the stay. However, the agency said it would both respect and enforce the judgment and, at the same time, continue to “vigorously challenge it” through the appeals process.

DHS noted that it is already in discussions with Mexico to re-implement the Remain-in-Mexico policy.

Based on the court’s rulings that Texas and Missouri are likely to win on the merits, the DOJ better develop better arguments. Unfortunately for them, there might not be any. The Remain-in-Mexico policy could be here to stay.

Don Purdum, Independent Political Analyst

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