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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

Show me the money! Report shows U.S. unable to show effectiveness of $3 billion spent in Mexico

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The U.S. government has spent more than $3 billion in Mexico to reduce drug trafficking and transnational crime since 2008; unfortunately, little can be shown for it.

A report from the U.S. Government Accountability Office found that “the U.S. government cannot demonstrate that it is achieving its goals in Mexico and that its investments, at over $3 billion since 2008, have been spent effectively.”

The Center Square writes that the U.S. money going to Mexico was intended to mitigate transnational organized crime and violence in Mexico, enhance the country’s rule of law and reduce drug trafficking to the United States. The report discusses work of the U.S. Department of State’s Bureau of International Narcotics and Law Enforcement Affairs and the U.S. Agency for International Development.

“Specifically, the United States relies on Mexico to help manage cross-border crime and migrant smuggling, and Mexico relies on the United States to disrupt the flow of firearms into Mexico and decrease the U.S. demand for drugs,” according to the report.

“Firearms from the United States fuel violence in Mexico” the report continues. In 2021, the U.S. Government Accountability Office  reported that about 70% of firearms seized in Mexico from 2014 through 2018 and submitted for tracing originated in the United States.

As for drugs, according to the Office of National Drug Control Policy, cartels in Mexico supply most of the cocaine, methamphetamine, heroin and illicit fentanyl smuggled into the United States.

“Despite ongoing security assistance, the security situation in Mexico has significantly worsened over the last 15 years. From 2007 to 2021, the homicide rate in Mexico more than tripled to one of the highest national homicide rates in the world, from eight homicides per 100,000 people to 28 per 100,000 people, according to the United Nations,” according to the report. “Meanwhile, Mexico has extremely low rates of prosecution for all crimes, according to the 2022 State Department Human Rights Report on Mexico.”

The report states two additional problems are less cooperation from Mexico President Andrés Manuel López Obrador, and corruption.

“The López Obrador administration, which took office in late 2018, reduced security cooperation with the United States at the federal level,” states the report. “This limited some programs, according to U.S. officials.”

Furthermore, “High levels of impunity and corruption in Mexico impede the rule of law and limit potential partnerships for State/INL and USAID,” according to the report. “For example, State’s 2022 human rights report stated that some Mexican government officials were complicit with international organized criminal groups, but these officials were rarely prosecuted or convicted.”

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