Biden administration makes a second attempt to end Remain in Mexico policy

Will the second time be the charm for Team Biden to end the Migrant Protection Protocols (MPP) program? The program the Trump administration forged with the Mexican government’s cooperation has been successful in easing the overcrowding at the southern border. Commonly called the Remain in Mexico program, it is one holdover policy initiative mostly left in place since the Trump administration. Biden put a stop to other programs and policies to secure the southern border from the Trump administration as soon as he was inaugurated. He thinks it makes him look humane.

There is nothing humane about the humanitarian and public health crisis on the U.S.-Mexico border. It is callous and deadly for the hundreds of thousands of illegal aliens who flood the border thinking that Joe Biden will allow them to stay in the United States, all they have to do is cross the border. In August, the Supreme Court dealt a blow to Biden’s open-border agenda when it upheld a lower court decision that requires the Department of Homeland Security (DHS) to re-implement the Remain in Mexico program after the Biden administration scrapped it. There is an injunction in place forbidding DHS from eliminating the program. DHS was careful in saying earlier this week that it will uphold the injunction in good faith but once the injunction is lifted, it’s adios to MPP again.

“A new memorandum terminating MPP will not take effect until the current injunction is lifted by court order,” reads the DHS announcement. “In issuing a new memorandum terminating MPP, the Department intends to address the concerns raised by the courts with respect to the prior memorandum.”

But the announcement that MPP’s reinstatement will be at most temporary belies confidence from the Biden administration that it will ultimately prevail on the matter in court.

The program has been controversial as it often leads to migrants camping in dangerous or unsanitary conditions in Mexican border cities. Mexico didn’t want to agree to the program when the Trump administration proposed it. Trump threatened to tie the migration program to trade deals, implying the possibility of sanctions so Mexico agreed to take the illegal aliens who were expelled at the border. It isn’t known what U.S. diplomats argue now for Mexico to accept the illegal aliens back into its country.

It is easy to be cynical and doubtful that any serious discussion is going on with Mexico about MPP, especially since we’ve just lived through a couple of weeks of unbelievable scenes coming from thousands of Haitians living under the Del Rio International Bridge. It is clear by now that Biden intends to allow as many illegal aliens into the country with little effort made to secure the southern border. The Biden border crisis creates a need for the Remain in Mexico policy. Yet, Team Biden says it will hold high-level talks with Mexican officials in Mexico on Oct. 8. Mexico’s Foreign Minister Marcelo Ebrard made that announcement the same day the Biden administration announced it would make a second attempt to send MPP.

U.S. Secretary of State Antony Blinken, U.S. Homeland Security Secretary Alejandro Mayorkas and U.S. Attorney General Merrick Garland would participate in the talks in Mexico City, Ebrard said.

“The main agenda is a document of understanding that we have been working on together with the United States…on the focus and priorities for security,” he told reporters at an event in Mexico City.

Open border advocates were angry when the Biden administration abided by the court injunction against the program’s termination. They argued that the administration should simply issue a new memo, just re-write it to make it ease the concerns of the Supreme Court. Just keep re-writing it until they get the wording right. The advice is to follow the path the Trump administration took in its travel ban. The Trump administration had to take more than one swing at that. They should make it a long memo, too, to cover every detail.

“If the administration really wants the policy outcome, it could certainly rewrite the memo,” Ahilan Arulanantham, co-director of the Center for Immigration Law & Policy at the University of California, Los Angeles School of Law, previously told The Hill.

“They wrote in one way, it got struck down. They write it again, it goes to the Supreme Court. They write it again, each time curing whatever defects the court is describing in order to make it harder to attack. And surely you could do that here, and the court decisions give you the road map for how to do it. It’s not rocket science,” Arulanantham said.

That would involve crafting a lengthy memo detailing the rationale for rescinding MPP, which the Biden administration is now doing.

“They frankly should consider issuing a very lengthy, 100-page-plus memo going through every detail they possibly can about the program, the reasons for rescinding it, and the problems they see with it to call Judge Kacsmaryk’s bluff,” Jorge Loweree, policy director at the American Immigration Council, previously told The Hill, pointing to the federal district court judge who first directed Biden to re-implement MPP.

That is exactly what the Biden administration is reported to be doing now. There is no plan to secure the border or enforce programs that ease the overcrowding. We know that thousands of migrants are making their way up through Mexico and then to the U.S.-Mexico border. The word has spread that Biden does not take border security seriously. They expect to be able to stay in the U.S. and they very likely will. This neglect of law enforcement is unsustainable. DHS Secretary Mayorkas recently admitted as much in a candid moment while talking to Border Patrol personnel. Barack Obama, Joe Biden’s former boss, also admitted that the border must be shut and the floods of illegal aliens into our country are unsustainable. Too bad ABC News decided to edit out that bit of a truth bomb from its Obama interview this week in order to cover for their guy, Joe. After all, it was the Obama – Biden administration that put the cages in use during their administration’s border crisis.

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