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The Department of Homeland Security says it is ready to reinstate the Trump-era “Stay in Mexico” policy by mid-November, in response to a court order made by the Supreme Court — even if it’s scheduled in a different way. works to eliminate.

A federal judge on Friday ordered the Biden administration to “implement and enforce” what is formally called the Migrant Protection Protocol (MPP) in response to a . court case from Texas and Missouri, which claimed the administration’s attempt to end the policy was illegal and harmful. The Supreme Court upheld the decision.


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The MPP was established and expanded by the Trump administration in 2019 and involves sending migrants back to Mexico instead of releasing them to the US after their immigration proceedings were heard. The Biden administration began resolving it earlier this year even amid soaring migrant numbers, and formally ended it in June before ordering the court’s decision to be reversed.

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Supporters described the policy as incredibly effective, removing bogus or insufficient asylum claims without letting people go into the country, and one that helped put an end to the “catch-and-release” process. Amid the ongoing border crisis that has hit hundreds of thousands of migrants at the border in recent months, with tens of thousands released into the US, Republicans and border officials have urged the Biden administration to reimpose the policy .

However, critics called the process inhumane and one that left migrants open to violence and exploitation by cartels and other criminals on the Mexican side of the border, where migrants congregated in actual camps.

one in filed on thursday, the Biden administration said it had made “considerable progress” in reimposing the MPP, even as it said it was looking for alternative ways to end the program.

The filing said it negotiated with Mexico, finalized operational plans and issued an action order to rebuild soft-sided facilities (commonly called “court tents”) in Laredo and Brownsville, Texas. did. $14.1 million – with an estimated $10.5 million per month in operating costs.

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“As a result of this progress, DHS anticipates being in a position to re-implement the MPP by mid-November based on decisions made by Mexico.”

Missouri, which, along with Texas, sued DHS over the MPP’s termination, accused the administration of “going slow” with the order.

“In April, we sued the Biden administration to repeal the ‘Stay in Mexico’ policy and won in district court, the 5th Circuit Court of Appeals, and the United States Supreme Court, requiring the Biden administration to issue the policy. needed to be reapplied,” Missouri Attorney General Eric Schmidt said in a statement. “Despite multiple courts ordering the Biden administration to re-implement the policy, they have repeatedly slowed down that re-implementation.”

“Stay in Mexico’ policy must be implemented today, especially as the crisis at the border is getting worse every day. We have taken concrete action to secure the border, it is time for the Biden administration to do the same,” he said. said. said.

The DHS filing on Thursday emphasized that “DHS cannot enforce the MPP without Mexico’s independent decision to accept individuals the United States intends to deport to Mexico” and how many entries will be allowed and refunded. It will require consent on who will be accepted for.

He says Mexico has identified several changes to the MPP, including better coordination and assurances that cases are usually decided within six months of enrollment.

DHS said in a statement it was taking “necessary steps” to comply with the order, despite its appeal and efforts to end the policy.

“As previously announced, DHS will also issue a memorandum terminating the MPP,” a spokesperson said, adding that it will not take effect until the injunction is lifted.