Judge Allows Biden to Dismantle 'Stay in Mexico' Program

Texas federal judge Matthew Kacsmaryk has vacated his 2021 order reinstating the "Stay in Mexico" program, in response to a request from the Department of Justice. This court ruling gives the Biden Administration a free hand to put an end to the measure that forces asylum seekers to wait outside the country for the processing and resolution of their cases.

Immigration process within the U.S.

The Department of Homeland Security explained in a statement that it "is committed to ending the implementation of the court-ordered Migrant Protection Protocols in a swift and orderly manner."

With the end of this measure, individuals currently in Mexico who are part of the

Migrant Protection Protocols will be able to go to their next court date and continue their process within the United States. More than 60,000 asylum seekers, most of whom were stranded in camps on the Mexican border, did a portion of the program. About 5,800 have been processed through the second phase of MPP imposed since last December, according to the most recent figures. Most are from Nicaragua, Cuba, Colombia and Venezuela.

Judicial background

The Biden Administration eliminated in February 2021 the Migrant Protection Protocols program, known as "Stay in Mexico," established by former President Donald Trump. Months later, the Texas and Missouri courts filed suit to have him reinstated. It was Judge Matthew Kacsmaryk who ruled in favor of the states. As a result, the measure was reinstated in December.

Homeland Security Secretary Alejandro Mayorkas pointed to the law enforcement states. He asked them to take into consideration his latest memo where he argued that there were flaws in the Trump-driven rule, as well as a lack of "humanitarian protections that people deserve under the law."

The order issued by Judge Kacsmaryk in 2021 was upheld by the 5th Circuit Court of Appeals. This decision allowed the government to appeal to the Supreme Court. On June 30, the highest court of justice rejected the request made by Texas and Missouri, granting DHS the executive authority to end the program. But it was not until this Monday that in a statement the Department of Homeland Security welcomed Judge Kacsmaryk's decision to overturn his sentence from last year.