National Security

Biden Admin Asks Federal Judge To Abandon Order Preventing End Of ‘Remain In Mexico’

REUTERS/Go Nakamura

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Jennie Taer Investigative Reporter
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The Biden administration asked a federal judge Monday to abandon his earlier order preventing the end of the “Remain in Mexico” policy used to expel certain migrants awaiting immigration proceedings to Mexico.

“The Supreme Court has reversed the bases for this Court’s permanent injunction and held that this Court lacked jurisdiction to grant injunctive relief, see Biden v. Texas, 142 S. Ct. 2528, 2538, 2548 (2022), and so this Court should immediately vacate the injunction,” the Biden administration wrote in the motion to the U.S. District Court for the Northern District of Texas.

The Supreme Court allowed the Biden administration to abandon the Trump-era policy in a June decision in a lawsuit brought by Republican attorneys general in Texas and Missouri, and handed down the judgment to a lower court, according to the motion. The Fifth Circuit Court later asked that the district court reevaluate the case “for further proceedings,” according to the motion. (RELATED: EXCLUSIVE: Texas Democrat Says He’s Given Up On Border Talks With The White House)

Neither attorney’s general offices responded to the DCNF’s requests for comment.

The Biden administration has delayed ending the policy due to concerns over the president’s political future and because they were solely listening to “immigration activists,” experts recently told the Daily Caller News Foundation.

“I think the Biden administration is being overly cautious with regards to ending the program as they don’t want to have anything to happen at the southern border that would seem that things were out of control. Politically, that would not be a great thing with the midterms coming up and his approval ratings being so low,” American Immigration Lawyers Association Immediate Past President Allen Orr recently told the DCNF.

There’s been a record 1,853,837 migrants encountered by Border Patrol since October, according to internal U.S. Customs and Border Protection (CBP) data exclusively obtained by the Daily Caller News Foundation. Less than 5,000 illegal migrants have been expelled after the Biden administration was forced to restart the policy in November, according to U.S. Customs and Border Protection (CBP).

Neither the White House nor the Department of Homeland Security (DHS) responded to the DCNF’s requests for comment.

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