Biden Admin’s Latest Attempt to End Trump-Era ‘Remain in Mexico’ Policy Thwarted By Appeals Court

After the Supreme Court ruled in August that President Joe Biden could not simply end the Trump-era “Remain in Mexico” policy with the stroke of a pen, the administration slow-played its reimplementation while trying to figure out another way around it.

In October, the Department of Homeland Security announced their intention to issue a new memo to halt the policy, which former acting DHS Secretary Chad Wolf decried and said that they must be “trying to fail.”

In a ruling last night by the 5th US Circuit Court of Appeals, the administration did just that as they thwarted an attempt to end the policy.

The appeals court wrote in its ruling that DHS “claims the power to implement a massive policy reversal — affecting billions of dollars and countless people — simply by typing out a new Word document and posting it on the internet.”

In an absolute shutting of the door, the judges wrote, “No input from Congress, no ordinary rulemaking procedures, and no judicial review. DHS has come nowhere close to shouldering its heavy burden to show that it can make law in a vacuum.”

The Biden administration finally started re-implementing the policy last week, but with some caveats and according to one GOP Congressman, it is barely recognizable from the original policy.

U.S. House Rep Michael Cloud (R-TX) went on Fox News recently to discuss his dismay and shared a clip of his appearance in a tweet.

Cloud explained, “The Biden Administration is enforcing the reinstated ‘Remain in Mexico’ policy with the same energy and efficiency as a petulant child not wanting to do their chores.”

“We must secure our border to end this national security and humanitarian disaster,” Cloud declared.

The Biden Administration is enforcing the reinstated "Remain in Mexico" policy with the same energy and efficiency as a petulant child not wanting to do their chores.

We must secure our border to end this national security and humanitarian disaster. pic.twitter.com/CVM3Z13Hpe

— Congressman Michael Cloud (@RepCloudTX) December 13, 2021