Federal judge says Biden can't end Trump-era 'Stay in Mexico' immigration policy just yet

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A Texas federal judge has suspended the Biden administration’s latest attempt to end the so-called Program “Stay in Mexico”.

U.S. District Judge Matthew Kacsmaryk is staying the termination of the program that was outlined in an October 2021 policy memo while litigation around that memo continues.

This is another setback in Biden’s efforts to end Trump’s controversial policy of returning some non-Mexican citizens who have entered the United States. Mexico — instead of detaining or releasing them in the United States — while their immigration process unfolded.

Earlier this summer, the Supreme Court said the Biden administration had the power to end the program — rejecting arguments from Republican states that immigration law required the program to remain in effect. But the Supreme Court sent the case back to Kacsmaryk to consider whether rolling out the October 2021 note complied with administrative law.

The program, officially known as the Migrant Protection Protocols, is separate from Title42, which is expected to wrap up next week. This authority – which has been heavily criticized by public health experts and immigrant advocates – has largely banned asylum at the US-Mexico border.

This story is broken and will be updated.


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