AG Schmidt works to keep ‘Remain in Mexico’ policy in effect

TOPEKA, Kan. (WIBW) – Attorney General Derek Schmidt is working to keep the ‘Remain in Mexico’ policy in place as the Biden Administration works to repeal it.

Kansas Attorney General Derek Schmidt says a federal appeals court rejected a request on Thursday, Aug. 19, from the Biden Administration that would allow it to suspend and terminate the Migrant Protection Protocols, or the “Remain in Mexico” policy. He said the court instead sided with states including Kansas that argued the policy should stay in effect for the near future.

Last week, AG Schmidt said a federal district court in Texas ruled that the Biden Administration failed to comply with federal law when it tried to reverse the Trump administration’s policy that requires asylum seekers from third countries to stay in Mexico pending formal proceedings. He said the district court’s ruling would reinstate the Trump-era policy. The Biden Administration is appealing that decision and wants to stay the district court’s order during proceedings.

However, Schmidt said he and attorneys general from 14 other states filed a brief late Wednesday that backs Texas and Missouri, the states that first brought the lawsuit forward, and opposed the Biden Administration’s motion to stay. He said the U.S. Court of Appeals for the 5th Circuit ruled on Thursday for the states and required the federal government to keep the Remain in Mexico policy in effect while it appeals the district court ruling.

“This policy change ordered by President Biden on his first day in office is one of several that have invited the chaos at our southern border,” Schmidt said. “This ill-considered policy change was rushed, and the federal district court agreed it was adopted in violation of law. The federal judiciary is insisting the administration continue to obey the law while the courts sort this out.”

The Remain in Mexico policy “has proven to be a vital tool in the fight against illegal immigration and has yielded both a fairer and more operationally effective means of processing aliens,” the attorneys general wrote in their brief. “Before its implementation, each year thousands of aliens were paroled in the United States while awaiting a hearing—a process that often took several years.”

To read a copy of the state’s brief in the U.S. Court of Appeals 5th Circuit, click HERE.

To read a copy of the court’s decision to deny the stay, click HERE.

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