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Immigration

THE BORDER IS WIDE OPEN: SCOTUS Sides With Biden in 'Remain in Mexico' Ruling

posted by Hannity Staff - 6.30.22

Another Supreme Court bombshell Thursday, as the highest court in the nation sided with the Biden Administration on the southern border’s Trump-era ‘Remain in Mexico’ policy; SCOTUS reversed a decision from a lower court ruling, effectively ending the policy for now.

From Fox News…

The Supreme Court ruled Thursday in a 5-4 decision that the Biden administration can repeal the Trump administration’s Migrant Protection Protocols, commonly known as the “Remain in Mexico” policy, reversing a lower court ruling.

Under that policy, migrants seeking entry into the U.S. had to stay in Mexico as they awaited hearings. 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.

The court argued that the Return to Mexico policy “applies exclusively to non-Mexican nationals who have arrived at ports of entry that are located ‘in the United States,'” and that therefore the Executive Branch “cannot unilaterally return these migrants to Mexico.” Roberts cited a Biden administration claim that the policy has negatively impacted other areas of relations with Mexico.

“[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.

Justice Samuel Alito – joined by Justices Clarence Thomas and Neil Gorsuch —blasted the decision in a scathing dissent:

“Due to the huge numbers of aliens who attempt to enter illegally from Mexico, DHS does not have the capacity to detain all inadmissible aliens encountered at the border, and no one suggests that DHS must do the impossible,” Alito continued. “But rather than avail itself of Congress’s clear statutory alternative to return inadmissible aliens to Mexico while they await proceedings in this country, DHS has concluded that it may forgo that option altogether and instead simply release into this country untold numbers of aliens who are very likely to be removed if they show up for their removal hearings.”

“This practice,” Alito continued, “violates the clear terms of the law, but the Court looks the other way.”

Prominent conservative voices blasted the decision on Twitter, saying this will only make the border crisis worse.

From The New York Post…

“The #BidenBorderCrisis is real. May saw the most illegal crossings in a month EVER. Now the Biden admin is forced to house unaccompanied children all the way in North Carolina,” Rep. Richard Hudson (R-NC) tweeted. “Ending proven solutions like the wall, Title 42, and Remain in Mexico only make this crisis worse.”

“The United States of America no longer has a southern border,” Rep. Yvette Herrell (R-NM) posted. “If human trafficking, drug smuggling, and illegal immigration were bad before, we’re about to see a once-in-a-lifetime disaster unfold under Joe Biden.”

Rep. Andy Biggs (R-Ariz.) chimed in, saying, “Joe Biden has created the worst border crisis in our nation’s history. Terminating ‘Remain in Mexico’ will only make the crisis worse. Just because the Court says you can doesn’t mean you should.”

“The disaster at our southern border is a crisis of Joe Biden’s making. We need a president who will enforce our laws and secure the border—not one welcoming droves of illegal aliens,” Sen. Tom Cotton (R-Ark.) tweeted.

Far-right Rep. Lauren Boebert (R-Co.) blasted Roberts as a “RINO” — or Republican in Name Only — for his decision to side in favor of the Biden administration.

“This is a massive blow to keeping our border safe and secure. Once we retake the Senate, we must fight to secure our borders from the flow of illegal drugs across our borders,” Senator Ron Johnson (R-WI) said.

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