An appeals court on Monday night rejected another attempt by the Biden administration to end the Trump-era policy that requires migrants seeking asylum in the US to await their cases in Mexico.
The 5th US Circuit Court of Appeals made the ruling on the so-called “Remain in Mexico” policy that President Biden decried on the campaign trail and suspended just hours after taking office in January.
Texas and Missouri sued over the revocation and a federal judge later ruled the policy, formally known as the Migrant Protection Protocols, had to be reinstated.
In Monday’s ruling, the appeals court wrote that the Department of Homeland Security “claims the power to implement a massive policy reversal — affecting billions of dollars and countless people — simply by typing out a new Word document and posting it on the internet.
Migrants under the Migrant Protection Protocols (MPP) program walk to Mexico across the Lerdo-Stanton International Bridge after being returned from the U.S. to Mexico to continue their asylum application.REUTERS
“No input from Congress, no ordinary rulemaking procedures, and no judicial review. DHS has come nowhere close to shouldering its heavy burden to show that it can make law in a vacuum,” the judges wrote.
Last week, in compliance with the federal judge’s ruling to restore the policy, the Biden administration began sending the first asylum seekers back to Mexico.
With Post wires
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