Are Trump's Immigration Policies Making a Comeback?

A federal judge has ordered President Joe Biden´s administration to reinstate the Remain in Mexico policy, formally known as the Migrant Protection Protocols (MPP), which began under the administration of former President Donald Trump as its termination violated US laws and has increased illegal migration to the country.

On June 13, US Federal District Judge Matthew J. Kacsmarys ordered US authorities to implement and enforce the Remain in Mexico policy, which ordered asylum seekers to remain in Mexico while waiting for their US court hearings  “until it has been lawfully rescinded in compliance with the Administrative Procedures Act and the federal government has sufficient detention capacity to detain all aliens subject to mandatory detention."

Kacsmarys explained that the Biden administration's decision to formally end the Remain in Mexico policy in June violated US federal administrative law, as it did not consider its benefits such as the deterrent effect it had on migrants who do not meet the requirements to request asylum.  In addition, Kacsmarys said that the Biden administration also violated US immigration law, as there is not enough detaining capacity to receive them.

Kacsmaryk stressed that the decision was made despite several warnings from Department of Homeland Security (DHS) officials who said the end of the program would lead to an increase in undocumented immigrants to the US, in addition to the high fiscal cost of repealing the policy.  In July, US border agents made nearly 200,000 arrests for illegal entry at the US-Mexico border, which is the highest monthly total since March 2000, reported MBN.

Kacsmaryk’s ruling was considered a victory for Texas and Missouri, which filed a lawsuit against the suspension of the policy. Both states argued that migrants pose a security threat, as many may be involved in human trafficking, extortion and exploitation. In addition, migrants will use government services that should be exclusive to US citizens.

In past decades, asylum seekers have been allowed to wait for their immigration trial in the US. However, in 2019, the Trump administration implemented MPP to "reduce the number of aliens taking advantage of the law from the US and discourage false asylum applications. " From January 2019 to January 2021, the US returned nearly 70,000 asylum seekers to Mexico, reported the Associated Press.

President Joe Biden halted the MPP policy during his first days in office, which was celebrated by immigrant advocates as the policy was "cruel, depraved and illegal."  DHS Secretary Alejandro Mayorkas formally ended the program in June, saying it had mixed results and was a misuse of the department's resources.