Texas and Missouri Sue Biden Administration for Revoking Trump’s ‘Remain in Mexico’ Policy

BOGOTA, COLOMBIA - MAY 14: Ken Paxton, ​​Attorney General State of Texas attends the forum 'Partnerships to Eradicate Human Trafficking in the Americas' at the 2019 Concordia Americas Summit on May 14, 2019 in Bogota, Colombia.(Photo by Gabriel Aponte/Getty Images for Concordia Summit)
Gabriel Aponte/Getty Images for Concordia Summit

Texas and Missouri sued President Joe Biden’s administration Tuesday for rescinding the Migrant Protection Protocols (MPP), saying the program which forced migrants to wait in Mexico while their hearings progressed needs to be reinstated.

The Trump administration created that policy – also called the “Remain in Mexico” policy – in 2019 to prevent unmanageable numbers of foreigners claiming asylum from crossing the U.S. border. Most asylum claims are denied, and many foreigners claim it to enter the country, then disappear into the general population while their asylum claims are still pending in court.

In a press release, Texas Attorney General Ken Paxton said he and Missouri Attorney General Eric Schmitt filed the lawsuit in an effort to reinstate the program and “curb the criminal and humanitarian crisis at the border.”

He continued:

The MPP restricts illegal aliens’ ability to remain in the United States during immigration proceedings, which greatly reduces the burden shouldered by state and federal agencies tasked with defending our border.

President Biden could immediately remedy the influx of crime pouring across our border by reinstating the Migrant Protection Protocols. Dangerous criminals are taking advantage of the lapse in law enforcement and it’s resulting in human trafficking, smuggling, a plethora of violent crimes, and a massive, unprecedented burden on state and federal programs for which taxpayers must foot the bill. We cannot allow this lawlessness to destroy our communities any longer. President Biden must act.

The lawsuit explained how the MPP “changed the incentives for economic migrants with weak asylum claims, and therefore reduced the flow of aliens—including aliens who are victims of human trafficking—to the southern border.”

The lawsuit alleges that Biden’s change in policy violates the federal Administrative Procedure Act (APA), both because it was “arbitrary and capricious” and also because it violates federal immigration law. The lawsuit also claims that the Biden administration violated a legally binding agreement to consult with the states on this issue, and finally that Biden has violated his duty under the Take Care Clause of the U.S. Constitution.

The Biden administration has released almost 42,000 border crossers into the United States since he took office in January, according to Breitbart News.

“Almost immediately after taking office, Biden restarted the Catch and Release process whereby border crossers are apprehended and released into the nation’s interior by ending the Remain in Mexico program and canceling U.S. cooperative asylum agreements with Central America,” the report said.

In a tweet Tuesday, the Texas attorney general’s office said as crimes such as trafficking increase on the border, reinstating the MPP is necessary:

In regard to Missouri, the lawsuit said, “With its intersection of major interstate highway routes, Missouri is a major destination and hub for human trafficking.”

“By dismantling the MPP, the Administration has directly caused a massive uptick in illegal immigration through Central America, Mexico, and to the U.S. Southern border,” the document read.

The case is Texas v. Biden No. 2:21-cv-67 in the U.S. District Court for the Northern District of Texas.


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