Judge blocks Biden’s attempt to end Trump’s ‘Remain in Mexico’ policy

A federal judge in Texas is refusing to allow President Joe Biden and his administration to end former President Donald Trump’s “Remain in Mexico” immigration policy, Fox News reports

This is the policy that requires immigrants who enter the U.S. illegally to wait in Mexico for their immigration case to be heard. This policy stands opposed to Biden’s “Catch and Release” policy, where illegal immigrants who enter the U.S. illegally are caught and released into U.S. communities to await their immigration hearing.


This particular legal battle has been ongoing ever since Biden became president and moved to end the Remain in Mexico policy.

The case started off in a Texas U.S. District Court where, in 2021, Judge Matthew Kacsmaryk ordered the Remain in Mexico policy to be reinstated, finding that Biden didn’t use the correct procedure to end the policy.

The Biden administration complied, but didn’t enforce the policy fully. Instead, it tried, once again, to end the policy.

The matter then made its way up to the U.S. Supreme Court, which ruled that Biden’s latest attempt to end the policy was legitimate. But, the justices sent the case back to Kacsmaryk to determine whether memoranda issued by the Biden administration – that ended the policy – were arbitrary and capricious.

That’s how the case ended up back before Kacsmaryk.


Kacsmaryk, this week, handed Biden another loss.

The Associated Press reports:

U.S. District Judge Matthew Kacsmaryk in Texas stayed the termination until legal challenges by Texas and Missouri are settled but didn’t order the “Remain in Mexico” policy reinstated.

Kacsmaryk found that the October 2021 memo from the Biden administration – Biden’s latest attempt to end the Remain in Mexico policy – was likely a violation of the law.

The Associated Press reports:

Among other things, the administration failed to consider the benefits of the policy, including reducing illegal immigration and “unmeritorious asylum claims,” the ruling said. Kacsmaryk said the Biden administration memo mentioned conditions that migrants might face while in Mexico but not the hardships they face “when making the dangerous journey to the southern border” in the first place.

Accordingly, Kacsmaryk is refusing to allow Biden to end the program “until the Court can resolve the merits of Plaintiffs’ claims.”

What now?

The Biden administration has already indicated that it disagrees with the ruling. So, an appeal is likely forthcoming, although the Biden administration has yet to file it.

In the meantime, Texas Attorney General Ken Paxton (R) is celebrating the ruling:

I sued Biden nearly 2 yrs. ago to keep Remain-in-Mexico. The Admin played games all the way to SCOTUS, but tonight Texas & USA WINS. I just secured an order from a federal court ordering Biden not to scrap the program. Biden’s open-border agenda won’t survive my legal attacks.

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