Court ordered Biden administration to renew Trump-era immigration rule

The Court of Appeals rejected a request by the administration of US President Joe Biden to suspend a federal judge's decision to reopen one of President Donald Trump's most controversial immigration policies, which forced asylum seekers to wait months in Mexico for their US trials. The edition told in more detail US News.

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The policy, officially called the Migrant Protection Protocols, but more commonly known as “Stay in Mexico,” was enacted by the Trump administration in 2019. The program returned nearly 70 migrant asylum seekers to Mexico, where they often lived in dire conditions. Human rights groups have reported more than a thousand cases of abductions, rapes and other crimes against migrants awaiting in Mexico under the program.

The Biden administration ended the program earlier this year. But in April, the states of Texas and Missouri filed a lawsuit, arguing that the cancellation had helped increase immigration and that the rule had been improperly overturned.

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US District Judge Matthew Kaksmarik of the Northern District of Texas, appointed by Trump, ruled that the Biden administration should reinstate the rule. He found that the administration had violated the so-called Administrative Procedure Act, which regulates executive rulemaking, when it overturned the rule.

The Justice Department immediately filed an appeal and asked the 5th Circuit Court of Appeals in New Orleans, Louisiana to stay Kaksmarik's decision. The appellate court ruled that the Biden administration was unlikely to succeed in its arguments and rejected its request for an adjournment, which means the Biden administration must renew the rule.

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The Biden administration has asked the Supreme Court to block lower court orders to reinstate Trump-era policies.

However, the appellate ruling says reviving the rule will require Mexico's cooperation, although it says there is no indication that Mexico has dropped support for the program.

Regardless, "the injunction requires only good faith on the part of the United States—if the government's good faith efforts to implement the program are impeded by Mexico, it will nonetheless comply with the district court's order if it is also satisfied in accordance with the remaining statutory requirements," the resolution says.

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