SCOTUS ruling of “Stay in Mexico”: Texas AG Paxton promises to hold Biden administrators accountable after winning

Texas Attorney General Ken Paxton said Wednesday that his state would continue to hold the Biden administration accountable, a day after the Supreme Court reinstated Trump-era policy, “Remain in Mexico” in response at a lawsuit from Texas and Missouri.

In a decision of 6 to 3, the court denied the request for suspension of a federal court ruling ordering the administration to reinstate the policy (formally called Protocols for the Protection of Migrants (MPP)), which maintains the migrants to Mexico while waiting for their audiences.


The policy, created in 2019, was dismissed by the Biden administration as part of a large number of measures to reverse Trump-era immigration policies. Texas and Missouri had requested (and eventually won) a preliminary order against the June 1 administration note that formally ended the policy, arguing that termination of the policy violated the Administrative Procedures Act (APA). ).

“It’s fundamentally important because we have a president who looked at federal law and said,‘ I don’t have to follow federal law, I’m the president, I do what I want, I don’t care if it’s in statute, I don’t care if Congress approved it, I can do whatever I want, I’m the president, ”Paxton told Fox News in an interview on Wednesday.“ So it’s even bigger than immigration, it’s about the Constitution, the fact that even the president is supposed to follow the law. “

Republicans and Trump officials have argued that “Stay in Mexico,” which led to the creation of courthouses along the border, where migrants could visit briefly to have their cases heard before returning to Mexico, which they end capture and release in the United States. and therefore reduced the factors of attraction that brought immigrants north.


Critics of the program described it as cruel and endangering migrants, while Secretary of Homeland Security Alejandro Mayorkas called the policy ineffective. But a Texas federal court found that the termination of MPP “has contributed to the current increase in borders” and that the Department of Homeland Security attorney had admitted so much. The judge also noted the dramatic increase in border apprehensions since the policy ended and ruled that the reversal was arbitrary and capricious.

Paxton said the policy had been very effective “in keeping out the people of the country who came here, seeking asylum and disappearing into the country and never appearing again.”

DHS said Tuesday in a statement that it will continue to appeal, but “will obey the order in good faith.”

“Together with the inter-agency partners, DHS has begun collaborating with the Government of Mexico in diplomatic discussions around Migrant Protection Protocols (MPPs),” the statement said.

While Paxton said he did not trust the Biden administration to willingly reinstate the policy, he said the ruling allows his office to seek to detain members of the administration who refuse to do so.

“I don’t know if they will follow what a court says, but if we don’t, we will try to hold them accountable,” he said. “We will try to take them back to court and anyone who is responsible for not complying with the law, we will ask for contempt and those people could end up in jail.”


He also said it was an important case for Texas in particular, given the damage the border hike was causing to the Lone Star State.

“Clearly the Biden administration opened the borders and said,‘ come in, bring your COVID, bring the fentanyl, let the cartels take the border, ’and that’s happening,” he said. “Yesterday I met with a gang of South Texas ranchers and they are terrified, their land is being destroyed, they have had to move the cattle, they fear for their lives.”

The Supreme Court victory comes a week after Texas and Louisiana obtained another ruling from a federal judge imposing a precautionary order on the Biden administration’s new immigration and customs (ICE) guidelines restricting the categories of illegal immigrants targets for detention and deportation.


Paxton noted that the battle for immigration was just one of many legal battles his office is waging against the Biden administration, with other issues such as Medicaid funding and Keystone XL pipelines.

“The Biden administration has decided that they will make their own policies, their own rules and will not follow what Congress has established and we will continue this struggle,” he said.

Andrew Mark Miller of Fox News contributed to this report.