The Supreme Court on Tuesday voted to uphold the ruling by a federal judge in Texas which blocks the Biden administration from ending President Donald Trump’s highly effective “Remain in Mexico” immigration policy and thus effectively forces Biden to reinstate the Trump era policy.

A federal judge in Texas ordered that the program be reinstated last week in response to a lawsuit filed by the states of Texas and Missouri.

The Biden administration appealed the ruling and asked for a delay in putting the program back in place, pending appeal.

According to the Daily Mail, “the court said the administration likely violated federal law in its efforts to rescind the program informally known as Remain in Mexico.”

The three liberal justices on the Supreme Court – Kagan, Sotomayor, and Breyer – all dissented and would have accepted the Biden administration’s application for a stay.

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Supreme Court – Biden Must Reinstate Remain in Mexico Policy

Former President Trump put the “Remain in Mexico” policy in place in 2019.

The policy returned asylum-seekers to Mexico as they waited for their court hearings to take place.

Critics of the Biden administration’s immigration policies have cited his efforts to repeal the “Remain in Mexico” policy as a major reason for the surge in migrants at the border since the President took office.

The Wall Street Journal reported that ending the highly successful policy created an influx of migrants who believed the move meant the border was set to “reopen.”

Hans von Spakovsky, a senior legal fellow in The Heritage Foundation’s Edwin Meese III Center wrote that the policy “has proven effective in stemming the flood of illegal crossings at our southern border.”

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Border Victory

Senator Lindsey Graham (R-SC) cited the “Remain in Mexico” policy when criticizing the Biden administration’s self-imposed humanitarian crisis at the border.

“The Biden administration did away with the ‘Remain in Mexico’ policy that Trump had and by the summer, there is going to be at least a million people knocking on our door at the border unless they reinstate Trump policies,” Graham predicted back in March.

Graham’s prediction wasn’t that far off.

Earlier this month, officials in South Texas issued disaster declarations due to the illegal immigration crisis at the border.

Bill Melugin, a national correspondent for Fox News, tweeted a video of a large group of hundreds of illegal immigrants turning themselves in at a ballpark in La Joya, Texas, something he says happens “all day long” and “nonstop.”

In one week in July, there were reportedly 20,000 illegal immigrants apprehended in just the Rio Grande Valley Sector of the border.

For context, there was an average of approximately 14,000 apprehensions per week in that same region in June – and June apprehensions totaled a new 21-year high.

The Department of Homeland Security released a statement in response to the Supreme Court ruling on the “Remain in Mexico” policy.

“The Department of Homeland Security respectfully disagrees with the district court’s decision and regrets that the Supreme Court declined to issue a stay,” they wrote.

The administration is committed to reinstating the policy but vows they “will continue to vigorously challenge it.”

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