Judge Orders Biden to End ‘Catch-and-Release’ Border Policy

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On Friday, a federal judge ordered Biden’s DHS to reinstate the Migrant Protection Protocols (MPP), a Trump-era policy, that required asylum seekers to remain in Mexico while their application was being reviewed, reports Fox News

The Biden administration was sued by two states, Missouri and Texas, who alleged that they ended Trump’s “Remain-In-Mexico” policy illegally. The Administrative Procedures Act (APA) requires that federal agencies not make decisions that are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”

The lawsuit, filed by Missouri AG Eric Schmitt and Texas AG Ken Paxton, alleged that the Department of Homeland Security decided to end the Trump policy against the evidence that the MPP slowed the flow of illegal aliens into the country.

Judge Matthew Kacsmaryk, a US District Judge in the Northern District of Texas, ruled that the Biden administration did breach the APA when it ended the MPP.

Trump’s MPP policy is largely what stemmed the tide of migrants flowing into the interior of the country and affecting crime, healthcare costs, and illegal trafficking in states like Missouri and Texas.

When the Biden administration ended the policy in the Spring, the number of illegal apprehensions on the Southern border rose from 80,000 in January to 212,000 in July.

The judge’s ruling forces Biden’s DHS to “to enforce and implement MPP in good faith” until it has been lawfully rescinded in accordance with the APA, though the federal government has 7 days to appeal the ruling. 

Missouri Attorney General Eric Schmitt released a statement after the ruling was decided: “My office has been leading the way nationally in fighting human trafficking, and the Biden Administration’s lax border policies increase the risk for human trafficking at the border and, in turn, in Missouri. Today’s massive win was crucial – re-implementing the Migrant Protection Protocols will help secure the border and fight the scourge of human trafficking.”

Texas Attorney General Ken Paxton also tweeted “Together we sued, and just handed Biden yet another major loss!”

While the ruling is a victory, the ruling is likely to be appealed and will continue to work its way through the courts.