Federal judge stays Biden's effort to end Trump's 'Remain in Mexico' immigration policy

A federal judge in Texas has put on hold the Biden administration’s most recent effort to end the Trump White House immigration policy known as "Remain in Mexico."

The decision was made Thursday by Judge Matthew Kacsmaryk for the U.S. District Court for the Northern District of Texas, Amarillo Division, in the case State of Texas v. Joseph R. Biden Jr. 

The policy, formally known as Migrant Protection Protocols. allows the federal government to send some migrants with asylum claims back to Mexico to await their hearings in the U.S., instead of detaining them or releasing them into the country.

The issue has made its way through numerous courts – from Kacsmaryk's to the Fifth Circuit to the Supreme Court and back, on remand – with the judge even acknowledging its "complex procedural history" and the applicable legal term known as "there and back again."

The ruling is considered a setback in Biden's effort to end the Trump-era policy.

The program is separate from President Trump using the decades-old federal law Title 42 as a public health rule to limit immigration during the pandemic. 

Title 42 is set to expire next week, which could increase the record number of migrants attempting to enter the U.S. at its southern border.

With Migrant Protection Protocols, the Supreme Court in June ruled 5-4 that the Biden administration had the discretion to end the program, rejecting arguments from Republican states that immigration law required the program to remain in effect, according to CNN.

However, the high court returned – or remanded – the case back to Kacsmaryk to consider whether an October 2021 Biden administration memo on the matter complied with federal law on procedural steps agencies must take when implementing policy, in this case how to unwind MPP.