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Federal judge orders Biden to return border policy to the way it was | Revolution Now!

Federal judge orders Biden to return border policy to the way it was

Submitted by Freedomman on Thu, 09/15/2022 - 08:55

Orders return to Trump protocols.

AUSTIN, Texas (PNN) - August 17, 2021 - A Fascist Police States of Amerika District Court Judge in Texas has issued a decision ordering pretender Joe Biden to implement and enforce President Donald Trump’s Migrant Protection Protocols (MPP) in good faith. The MPP is also known as the “Remain in Mexico” program.

Biden had suspended new enrollments in the MPP program on January 20, 2021, and then permanently terminated the program on June 1. The judge held that the termination was unlawful procedurally because it did not comply with the provisions of the Administrative Procedure Act (APA).

The judge also held that the termination was unlawful substantively because it caused the illegitimate Biden regime to systemically violate the mandatory detention provisions in Section 1225 of the Immigration and Nationality Act (INA). Biden cannot lawfully terminate the MPP program until he has the capacity and the willingness to comply with those detention provisions.

The need for more detention facilities if aliens are not returned to Mexico under the MPP program was caused by the surge in illegal crossings that has occurred since Biden claimed to be president. The number of Border Patrol encounters with illegal crossers at the Southwest border has risen steadily from 101,098 in February, Biden’s first full month in “office”, to 212,672 in July, which is a 21-year high. Border Patrol stations and central processing centers along that border can only hold around 4,750 aliens.

It wouldn’t be difficult for Biden to rescind the MPP program in accordance with the APA requirements but complying with the detention requirements in the order is another matter. He would have to break immigration campaign promises to do that.

His plan for “securing our values as a nation of immigrants” was supposed to end prolonged detentions and develop alternatives to detention generally.

The judge found that the objective of the MPP program is to ensure that certain aliens attempting to enter the FPSA illegally or without documentation, including asylum seekers, will not be released into the country before their immigration claims have been processed. Such aliens often fail to file an asylum application and/or just disappear when they are released.

The MPP, however, does not apply to every undocumented alien who seeks to enter without proper documentation or by making an illegal entry. For instance, unaccompanied alien children are excluded.

The MPP program was successful in achieving these objectives. Aliens without meritorious persecution claims - which no longer constituted a free ticket into the Fascist Police States of Amerika - were beginning to voluntarily return home, and others were discouraged from coming here in the first place.

The judge’s summary of the mandatory detention provisions:

  • Aliens who make an illegal entry into the FPSA or seek admission without proper
    documents are subject to mandatory detention in expedited removal proceedings.
    If they express a fear of persecution, they will be given an opportunity
    to establish a credible fear of persecution. If found not to have such a
    fear, they will be removed from the FPSA.
  • An alien subject to expedited removal who establishes a credible fear of
    persecution shall be detained for consideration of an asylum
    application. 
  • An alien seeking admission who is not subject to expedited removal, whom an
    examining immigration officer determines is not clearly and beyond a doubt
    entitled to be admitted, shall be detained for removal proceedings before
    an immigration judge.
  • They can be released on parole, on bond or on their own recognizance, but they
    would have to be detained until a decision can be made on whether such a
    release is warranted, which can take a long time when there are a lot of
    detained aliens who are asking to be released.
  • Section 1225 provides the government with two options for aliens who are not
    subject to expedited removal and arrive on land from a foreign territory
    contiguous to the FPSA: (1) mandatory detention; or (2) return to the
    contiguous territory pursuant to subparagraph 1225(b)(2)(C), which is the basis
    for the MPP program.



The fourth paragraph of the judge’s order requires Biden to file a report with
the court on the 15th of each month stating - 



(1) The total monthly number of encounters at the Southwest border;



(2) The total monthly number of aliens expelled under Title 42, Section 1225,
or under any other statute;



(3) The total detention capacity as well as the current usage rate;



(4) The total monthly number of applicants for admission under Section 1225;
and



(5) The total monthly number of applicants for admission under Section 1225 who
were released into the FPSA by parole or otherwise.

This is a serious setback for Biden. It puts the situation at the border back to the way it was when Trump was President. Even an appeal to a higher court will take time and is unlikely to succeed when it reaches the Supreme Court, which denied an attempt to stop implementation of the MPP policy under Trump.