After Kacsmaryk refused to suspend his ruling, the Biden administration asked the Fifth Circuit Court of Appeals to intervene. On Thursday night, the appeals court declined to pause Kacsmaryk’s order, agreeing with the premise of his legal opinion.

So?

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CBS News
Supreme Court pauses revival of Remain-in-Mexico border policy

Camilo Montoya-Galvez

8/21/2021

Late Friday paused a lower court order that would have required the Biden administration to restart the Trump-era practice of instructing migrants to wait in Mexico for their asylum hearings on Saturday.

While temporary, the order signed by Justice Samuel Alito granted the Biden administration more time to fight off the reinstatement of a border policy it has strongly denounced as ineffective and inhumane. The suspension of the lower court order expires Tuesday at midnight.

Last week, U.S. District Court Judge Matthew Kacsmaryk, an appointee of former President Donald Trump, directed the Biden administration to revive the so-called “Remain in Mexico” program, saying it was unlawfully terminated earlier this year.

Kacsmaryk ordered federal officials to implement the Trump-era border policy, officially named the Migrant Protection Protocols (MPP), until it is “lawfully rescinded” and the government has the capacity to hold all asylum-seekers and migrants subject to mandatory detention under U.S. law.

The Biden administration argued that such a judicial requirement would force the government to continue the Remain-in-Mexico policy “in perpetuity,” since the U.S. does not have sufficient detention space in migrant holding facilities.

After Kacsmaryk refused to suspend his ruling, the Biden administration asked the Fifth Circuit Court of Appeals to intervene. On Thursday night, the appeals court declined to pause Kacsmaryk’s order, agreeing with the premise of his legal opinion.

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Finally, some common sense.

kommonsentsjane