Ruling is a major win for border states, which argued the revocation of the policy led to the massive surge of illegal immigration.
In a new rebuke to President Biden’s immigration policies, a federal judge has ordered his administration to revive the Trump-era policy requiring immigrants seeking U.S. asylum to remain in Mexico while their requests are reviewed.
The 53-page ruling late Friday by U.S. District Judge Matthew J. Kacsmaryk in Amarillo, Texas, handed a victory to border states overrun by the recent migrant surge which saw more than 212,000 illegal aliens apprehended in July.
Kacsmaryk ruled the Homeland Security Department “failed to consider several critical factors, including the benefits of the remain in Mexico policy” and thus did not follow the law in rescinding the program.
The judge was sharply critical of Homeland Security Secretary Alejandro Mayorkas, noting he ignored his own agency’s data showing 9 of 10 asylum claims from high-volume countries in the Northern Triangle were frivolous and that ending the policy might create a surge of migrants at the border.
“By ignoring its own previous assessment on the importance of deterring meritless asylum applications without ‘a reasoned analysis for the change,’ defendants acted arbitrarily and capriciously,” Kacsmaryk ruled.
The judge also ruled the revocation of the policy “has contributed to the current border surge” and put unnecessary strain on border and interior states who have been overrun by migrants…..