OPINION | This article contains commentary that reflects the author's opinion.
Joe Biden came into office with sweeping changes that caused the crisis at the southern border to erupt under the Democrat’s watch.
The problem has become so bad that U.S. courts have taken matters into their own hands by reimplementing a key Trump policy.
Trump’s policy forced foreign nationals seeking to enter the U.S. through the southern border — illegally or without proper documentation — to be returned to Mexico.
These individuals will need to wait in Mexico while their legal cases are adjudicated.
Predictably, Democrats ended this policy and open the border, creating a massive disaster.
In a 6-3 decision, the Supreme Court has ordered the Biden administration to reinstate the Trump-era Remain-in-Mexico policy.
The court denied a request to stop a federal court ruling ordering the administration to reinstate the Migrant Protection Protocols – which has become known as “Remain-in-Mexico.”
The Biden administration has continued to fight back in order to end Trump’s policy, but a U.S. appeals court has rejected this renewed attempt.
“The Biden administration re-issued a memo terminating MPP in the hopes it would overcome the legal challenges,” Newsmax reports.
“A conservative-leaning 5th U.S. Circuit Court of Appeals was not convinced by the new memo,” the report adds.
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In a Monday night ruling, the court said the U.S. Department of Homeland Security (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. 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 judges wrote in a 117-page opinion.
The White House and the U.S. Department of Justice did not immediately respond to a request for comment.
In compliance with the court’s order, the administration began sending the first asylum seekers back to Mexico again last week.
The number of migrants caught crossing the U.S.-Mexico border has soared to record highs this year, sparking criticism from Republicans.
Many migrants arrested at the border, however, are quickly expelled without being given a chance to even seek asylum under a different Trump policy put in place at the start of the COVID-19 pandemic, which Biden has kept in place.
This border security program started in 2019 under Trump and it kept migrants in Mexico as they awaited their hearings.
Prior to reacing the Supreme Court, a federal judge initially stepped in to order the Biden administration to reimplement the key policy from former President Donald Trump.
The lawsuit was filed by Missouri Attorney General Eric Schmitt and Texas Attorney General Ken Paxton.
Schmitt responded on social media by saying, “Big win for border security!”
Texas Attorney General Ken Paxton said, “We just won our second immigration lawsuit against the Biden Admin! They unlawfully tried to shut down the legal and effective Remain-in-Mexico program, but Texas and Missouri wouldn’t have it.”
More from Fox News:
Biden began dismantling MPP shortly after entering office, and formally ended it in June, one of a number of moves the administration made to reverse President Donald Trump’s border policies. Texas and Missouri sued, arguing that the ending of the policy in June was both harmful to their states and in breach of the Administrative Procedures Act (APA).
Critics called the policy, which led to the establishment of tent courts across the border, cruel and dangerous for migrants. The Trump administration said the policy ended catch-and-release, reducing the pull factors bringing migrants north. President Biden campaigned on ending the policy.
In the initial ruling, Judge Matthew Kacsmaryk ordered the Biden administration “to enforce and implement MPP in good faith” until it has been “lawfully rescinded” in compliance with the APA, and until the federal government has enough detention capacity to detain all migrants subject to mandatory detention.
The Biden administration said Tuesday it would appeal the ruling, but also comply with the order.
