Two\ncourt losses suffered by the Biden administration in recent days are potentially\nbig wins for the American people.<\/p>\n\n\n\n
On Tuesday, the U.S. Supreme Court upheld an order reinstating Migrant Protection Protocols<\/a> (MPP, also known as the Remain in Mexico policy). Five days earlier, a federal judge blocked the administration from limiting deportations<\/a>.<\/p>\n\n\n\n Together,\nthe rulings can help restore and enforce sane immigration policies. But don\u2019t\nexpect Team Biden to go down without more passive-aggressive resistance.<\/p>\n\n\n\n The high court chided the administration\u2019s \u201carbitrary and capricious\u201d abandonment of MPP, and ignoring proper procedures under the Administrative Procedure Act<\/a> (APA). The court also affirmed there are only two legal options for migrants seeking asylum at the southern border: \u201cmandatory detention or a return to a contiguous territory.\u201d<\/p>\n\n\n\n The justices sided with claims by Texas and Missouri<\/a> that migrants released into this country by the Department of Homeland Security (DHS) exacerbate crime, abet human trafficking and increase costs for education, health care and other services. FAIR<\/a> has asserted that reinstating MPP is a first step toward restoring order at the border, giving policymakers space to repair this nation\u2019s badly abused asylum laws.<\/p>\n\n\n\n But the initial response from DHS<\/a> was both disingenuous and disturbing. Though pledging to act in \u201cgood faith,\u201d the department raised a large red flag by announcing it \u201chas begun to engage with the government of Mexico in diplomatic discussions surrounding the MPP.\u201d <\/p>\n\n\n\n This,\nof course, enables Mexico City to say, \u201cWe don\u2019t want these migrants, they are\nyour problem\u201d \u2013 effectively nullifying the Supreme Court\u2019s decision. If past is\nprologue, Biden & Co. won\u2019t press hard for any solution that honors U.S.\nsovereignty and security. Their version of \u201cgood faith\u201d can be translated to\nmean, \u201cYou all will probably have died of old age by the time we get MPP up and\nrunning again.\u201d<\/p>\n\n\n\n In the decision on deportations, U.S. District Judge Drew Tipton<\/a> found that the administration violated federal law. Its orders — which have sharply reduced removals<\/a> \u2013 should have been implemented through regulations open to comments from the public, Tipton ruled.<\/p>\n\n\n\n Substantially, Biden\u2019s directives restricted Immigration and Customs Enforcement (ICE) deportations to recent border-crossers and migrants deemed a threat to public safety or national security. Claiming a lack of resources<\/a>, while it limits funding, the administration has tied up agents in bureaucratic tape, requiring supervisory approval to detain any illegal alien outside its narrowed categories.<\/p>\n\n\n\n The\nWhite House will undoubtedly appeal Tipton\u2019s ruling, but his 160-page decision\nis in line with other courts that prevented Donald Trump from skirting the APA.\nAt minimum, the judge has tapped the brakes on Joe Biden\u2019s relentless drive to\ndemolish immigration laws.<\/p>\n","protected":false},"excerpt":{"rendered":" Two court losses suffered by the Biden administration in recent days are potentially big wins for the American people. On Tuesday, the U.S. Supreme Court upheld an order reinstating Migrant Protection Protocols (MPP, also known as the Remain in Mexico policy). Five days earlier, a federal judge blocked the administration from limiting deportations. Together, the<\/p>\n