DHS Appeals Supreme Court’s Decision On ‘Remain In Mexico’ Policy

(Photo by Chip Somodevilla/Getty Images)

Brianna Lyman News and Commentary Writer
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The Department of Homeland Security (DHS) announced late Tuesday night that the agency has appealed the Supreme Court’s decision to reinstate former President Donald Trump’s so-called ‘Remain in Mexico’ policy.

“The Department of Homeland Security respectfully disagrees with the district court’s decision and regrets that the Supreme Court declined to issue a stay,” the press release read. “DHS has appealed the district court’s order and will continue to vigorously challenge it. As the appeal process continues, however, DHS will comply with the order in good faith.”

GUATEMALA CITY, GUATEMALA - JULY 06: Secretary of Homeland Security Alejandro Mayorkas speaks during the press conference on July 06, 2021 in Guatemala City, Guatemala. The official visit of Mayorkas takes place one month after Vice President Kamala Harris visited the Central American country to handle migration crisis at the Southern Border. (Photo by Getty Images/Getty Images)

GUATEMALA CITY, GUATEMALA – JULY 06: Secretary of Homeland Security Alejandro Mayorkas speaks during the press conference on July 06, 2021, in Guatemala City, Guatemala. (Getty Images/Getty Images)

The high court ruled against the Biden administration’s attempt to end the policy. In a 6-3 ruling, the court rejected the administration’s attempt to block a lower court ruling that revived the enforcement of the policy. The majority ruled the administration failed to show the decision to scrap the policy was not arbitrary and capricious.

Texas and Missouri sued the administration in April claiming the policy was unlawfully halted. The suit claimed the decision to stop the policy resulted in a surge of illegal immigration. (RELATED: COVID-19 Outbreak At Migrant Facility Infects At Least 150 People)

The policy was then formally repealed in June. U.S. District Judge Matthew Kacsmaryk ruled in early August that the policy, which forces migrants to wait in Mexico while their asylum claims are being heard, was illegally ended. He ordered the reinstatement of the policy until it was “lawfully rescinded” and the administration has the capacity to hold all migrants. The ruling gave the Biden administration one week to appeal.

Dale L. Wilcox, executive director and general counsel at the Immigration Reform Law Institute, called the Supreme Court’s decision a win.

“The Supreme Court has spoken, and it has repudiated the entire Biden immigration agenda. Asylum under the Biden White House incentivizes and enriches human trafficking cartels. All Americans should be thankful to the Court for bringing Remain in Mexico back and reining in the irresponsible, hyper-partisan policies of this administration,” Wilcox said in a statement.