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<blockquote data-quote="Babagounj" data-source="post: 4963524" data-attributes="member: 12952"><p><h3>Exclusive–Kobach: Federal Court Rules Biden Administration’s Termination of the Migrant Protection Protocols Was Illegal</h3><p>Judge Matthew Kacsmaryk of the Northern District of Texas <a href="https://storage.courtlistener.com/recap/gov.uscourts.txnd.346680/gov.uscourts.txnd.346680.94.0.pdf" target="_blank">ruled</a> in the case of <em>Texas and Missouri v. Biden</em> that the Biden Administration’s termination of the Migrant Protection Protocols (MPP) violated both the Administrative Procedure Act (APA), as well as federal immigration law requiring that certain illegal aliens be detained.</p><p></p><p>The MPP was one of the most successful elements of the Trump Administration’s immigration policies. Under the MPP, illegal aliens arriving at the United States border and making claims of asylum were issued a notice to appear at a future immigration court hearing and were ordered to wait in Mexico until the time of the hearing.</p><p></p><p>In terminating MPP, the Biden Administration failed to explain why the program’s success should be ignored—especially when DHS had sung the praises of MPP before Biden took office. As Judge Kacsmaryk <a href="https://storage.courtlistener.com/recap/gov.uscourts.txnd.346680/gov.uscourts.txnd.346680.94.0.pdf" target="_blank">pointed</a> out, “DHS … found that MPP addressed the perverse incentives” created by allowing ‘those with non-meritorious claims … [to] remain in the country for lengthy periods of time.’” </p><p></p><p>Judge Kacsmaryk’s decision <a href="https://storage.courtlistener.com/recap/gov.uscourts.txnd.346680/gov.uscourts.txnd.346680.94.0.pdf" target="_blank">ordered</a> the Department of Homeland Security to “enforce and implement MPP in good faith until such a time as it has been lawfully rescinded in compliance with the APA and until such a time as the federal government has sufficient detention capacity to detain all aliens subject to mandatory detention under Section [1225] without releasing any aliens because of a lack of detention resources.”</p></blockquote><p></p>
[QUOTE="Babagounj, post: 4963524, member: 12952"] [HEADING=2]Exclusive–Kobach: Federal Court Rules Biden Administration’s Termination of the Migrant Protection Protocols Was Illegal[/HEADING] Judge Matthew Kacsmaryk of the Northern District of Texas [URL='https://storage.courtlistener.com/recap/gov.uscourts.txnd.346680/gov.uscourts.txnd.346680.94.0.pdf']ruled[/URL] in the case of [I]Texas and Missouri v. Biden[/I] that the Biden Administration’s termination of the Migrant Protection Protocols (MPP) violated both the Administrative Procedure Act (APA), as well as federal immigration law requiring that certain illegal aliens be detained. The MPP was one of the most successful elements of the Trump Administration’s immigration policies. Under the MPP, illegal aliens arriving at the United States border and making claims of asylum were issued a notice to appear at a future immigration court hearing and were ordered to wait in Mexico until the time of the hearing. In terminating MPP, the Biden Administration failed to explain why the program’s success should be ignored—especially when DHS had sung the praises of MPP before Biden took office. As Judge Kacsmaryk [URL='https://storage.courtlistener.com/recap/gov.uscourts.txnd.346680/gov.uscourts.txnd.346680.94.0.pdf']pointed[/URL] out, “DHS … found that MPP addressed the perverse incentives” created by allowing ‘those with non-meritorious claims … [to] remain in the country for lengthy periods of time.’” Judge Kacsmaryk’s decision [URL='https://storage.courtlistener.com/recap/gov.uscourts.txnd.346680/gov.uscourts.txnd.346680.94.0.pdf']ordered[/URL] the Department of Homeland Security to “enforce and implement MPP in good faith until such a time as it has been lawfully rescinded in compliance with the APA and until such a time as the federal government has sufficient detention capacity to detain all aliens subject to mandatory detention under Section [1225] without releasing any aliens because of a lack of detention resources.” [/QUOTE]
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