Judge, Matthew Kacsmaryk, ordered Officials to "enforce and implement" the Trump-era Migrant Protection Protocol (MPP) in “good faith until such time as it has been lawfully rescinded in compliance with the Administrative Procedures Act (APA] and until such a time as the Federal Government has sufficient Detention Capacity to Detain All Aliens subject to Mandatory Detention.”
The MPP, is a U.S. Government Action, whereby certain Foreign Individuals entering or seeking Admission to the U.S. from Mexico, Illegally or Without Proper Documentation, may be Returned to Mexico and wait outside of the U.S. for the Duration of their Immigration Proceedings, where Mexico will provide them with All appropriate Humanitarian Protections for the Duration of their Stay.
The APA governs the Process by which Federal Agencies Develop and Issue Regulations. It includes Requirements for Publishing Notices of Proposed and Final Rulemaking in the Federal Register, and provides Opportunities for the Public to Comment on Notices of Proposed Rulemaking. The APA requires most Rules to have a 30-day Delayed Effective date.
While Kacsmaryk cannot force, the Department of Homeland Security (DHS), to Reimplement the MPP, he did Detail DHS’s Mandatory Obligation to Detain All Migrants “who unlawfully enter the United States between ports of entry if they are placed in expedited removal proceedings” under the Immigration and Nationality Act (INA).
The INA was Enacted in 1952. The INA collected many Provisions and Reorganized the Structure of Immigration Law. The INA has been amended many times over the years and contains many of the most Important Provisions of Immigration Law. The INA is contained in the United States Code (U.S.C.).
In Theory, DHS could Legally Detain every Illegal Migrant. However, Kacsmaryk noted that when this is Practically Impossible to do, “the statute implicitly demands, or, at the very least, directs DHS use its authority to return certain aliens to Mexico.”
As Center for Immigration Studies, Resident Fellow Andrew R. Arthur, wrote on Tuesday, the Biden Administration has Three Choices when faced with Illegal Migrants, “It can expel or remove them; it can detain them as the law requires; or it can send them to Mexico to await their removal hearings.”
Even though it does Not Force a Reimplementation of MPP, Judge Kacsmaryk’s Order could Not have come at a better time. Nearly 213,000 People were encountered by Officials at the Southern Border, the most in 21 years.
And as of early this week, more than 18,500 Unaccompanied Minors are in Federal Custody waiting to be Released.
Leaving the MPP in place, at least Temporarily, would give Officials the Option to use it. And Implementing the Policy would alleviate the Problems caused by the latest Border Surge. The Trump Administration instituted the "Remain in Mexico” Policy. And as a result, encounters of Accompanied and Unaccompanied Minors decreased Significantly, as well as Encounters of Family Units.
President Biden ended MPP on Day One of his Presidency.
Some think, instead of Rescinding this Trump-era Border Policy, Biden should humbly admit his Failure, at the Border and Reimplement the MPP.
NYC Wins When Everyone Can Vote! Michael H. Drucker
