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BREAKING: Supreme Court rules Biden Administration has authority to reverse Trump’s ‘Remain in Mexico’ policy

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The Supreme Court has sided with the Biden administration In a 5-4 decision in Biden v. Texas. The Court ruled Thursday that the Biden administration has the authority to reverse the Trump administration’s “Remain in Mexico” policy. Under the Trump era policy, migrants seeking entry into the United States had to “remain in Mexico” as they waited for their hearings.

Fox News reports “The Trump administration put the policy in place so that migrants would not be released into the U.S. The Biden administration had tried to repeal the policy but was previously blocked by a lower court. At issue was whether the Department of Homeland Security’s suspension and subsequent termination of the policy violated a federal law that requires that migrants be detained or, if they arrived from a contiguous country, sent back.”

Chief Justice John Roberts wrote the majority opinion,  joined by Justices Brett Kavanaugh, Sonia Sotomayor, Stephen Breyer, and Elena Kagan. The majority held that the Biden administration has not violated the Immigration and Nationality Act, and that memoranda issued by DHS in October repealing the policy represented “final agency action.”

“[T]he Government’s rescission of MPP did not violate section 1225 of the INA, and the October 29 Memoranda did constitute final agency action,” Chief Justice John Roberts wrote in the Court’s opinion. The Court has sent the case back to district court, with instructions to “consider in the first instance whether the October 29 Memoranda comply with section 706 of the APA.”

Fox News writes:

The statute Roberts cited, 8 U.S.C. Section 1225, says that someone applying for admission “shall be detained for a proceeding” unless they are “clearly and beyond a doubt entitled to be admitted,” and also says if they are from a contiguous territory like Mexico, “the Attorney General may return the alien to that territory” as they await a hearing. Texas and Missouri had pointed to this language in arguing that the Remain in Mexico policy was necessary to adhere to this law. Without the ability to detain everyone, the states argued in their lawsuit, sending them back when possible is necessary. 

National Review reports on the case:

Since coming into office, President Biden’s Department of Homeland Security has twice sought to rescind the Migrant Protection Protocols, which require certain non-citizens who arrive at the Southern border to stay in Mexico while their asylum cases are processed. Texas and Missouri both challenged that federal policy reversal, arguing that it was unlawful under both federal immigration law and the Administrative Procedure Act.

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Immigration

Border Patrol agent killed overnight while tracking group of illegal immigrants

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A Border Patrol agent was killed overnight while in the line of duty patrolling the border. “The agent was patrolling the international boundary at approximately 1 a.m. on an all-terrain vehicle and tracking a group of individuals which illegally crossed the border when he was involved in an accident near Mission, Texas,” acting CBP Commissioner Troy Miller announced.

In an email, Miller wrote “Acting Deputy Commissioner [Benjamine] Huffman, Chief [Raul] Ortiz and I regret to inform you of the passing of a Border Patrol agent assigned the McAllen Station this morning.”

“He was found unresponsive by fellow agents who immediately initiated life-saving efforts and requested emergency medical services. The agent was taken to an area hospital by ambulance where he later passed away. Additional information will be shared when available,” the email continued.

“The death of an agent while performing their duties and securing our borders is a loss that is felt throughout our agency and our nation,” Miller concluded.

Just The News writes:

The nation has witnessed an unprecedented surge in illegal migration the past few years, with roughly 2.4 million crossing the border in fiscal year 2022 and nearly 4 million doing so since President Joe Biden took office. With that has come record drug trafficking operations, including increasingly large shipments of the highly potent narcotic fentanyl.

Border authorities are unable to keep up with the rise in traffic, prompting the Biden administration to turn to other federal agencies for extra manpower. The Department of Homeland Security has attempted to redeploy air marshals to the southern border to assist with the crisis, but has faced resistance from the agency, with many vowing to refuse the order at the risk of termination.

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