The federal court of appeals denies the Biden administration’s request to stop the order reviving the policy of “staying in Mexico”

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The policy, informally known as “will remain in Mexico,” was launched in 2019 and marked an unprecedented deviation from previous protocols. An estimated 68,000 migrants were returned to Mexico according to the policy, often in outrageous and dangerous conditions.

The Biden administration ended the program earlier this year. But in April, the state of Texas and the state of Missouri sued the Biden administration, arguing that reversing the policy led to an increase in migrants on the U.S.-Mexico border that caused costs to the states. .

Last Friday, a Texas federal judge ordered the administration to begin backing up the policy. The Department of Justice appealed, and now the U.S. Court of Appeals for the Fifth Circuit has denied his request to suspend the order. The administration could ask the Supreme Court to intervene.

The appellate court said in an order on Thursday afternoon that it refused to suspend the lower court order because the government is unlikely to succeed in its arguments in the case. The lower court concluded that the Biden administration had violated the Administrative Procedure Act (a law that dictates the procedural steps that agencies must take to implement the policy) when DHS had attempted to undo Remain’s policy in Mexico.

A reactivation of the policy would also require the collaboration of Mexico, which received the migrants when it was in force. The Fifth Circuit acknowledged that, in its order, it said, “The ban only requires good faith on the part of the United States – if Mexico contrasts the good faith efforts of the Government to implement MPP, it will nevertheless comply with the district order. judicial, provided that it adheres to the other legal requirements “.

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