Federal appeals court hands Texas another win, orders Biden to resume 'Remain in Mexico' policy

U.S. District Judge Drew Tipton on Thursday granted a preliminary injunction in a suit brought by attorneys general in Texas, Louisiana.

Updated: August 20, 2021 - 12:39pm

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Another court has upheld the Trump-era "Remain in Mexico" policy, handing another win to Texas, after a lower court also ruled in Texas’ favor one week prior.

U.S. District Judge Drew Tipton on Thursday granted a preliminary injunction in a lawsuit brought in April by attorneys general for Texas and Louisiana.

The lawsuit was filed after President Biden announced Jan. 20 that he had ended the policy. However, the policy was officially ended June 1 by Homeland Security Secretary Alejandro Mayorkas. 

Mayorkas said in an official memo that the policy, which keeps migrants from Latin America in Mexico, "does not adequately or sustainably enhance border management in such a way as to justify the program’s extensive operational burdens and other shortfalls."

Texas Attorney General Tom Paxton said about the new court decision: "This is the latest of series of immigration wins against the federal government for the state of Texas. Federal law requires the Department of Homeland Security to take control of illegal aliens convicted of certain crimes after they serve their sentence. But the Biden administration rashly decided to stop detaining illegal aliens convicted of crimes relating to drugs or moral turpitude—despite federal law—forcing Texas to sue.

"The court saw the blatant irresponsibility from the Biden Administration that has caused tremendous harm to the safety of all Texans. It’s time for the federal government to wake up and address the chaos that they caused – and in the meanwhile, we will fight tooth and nail to protect Texans from their carelessness."

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