A federal judge in Texas on Thursday suspended the Biden administration's termination of a Trump-era program that required certain migrants to await their asylum hearings in Mexico.
In his 35-page ruling on Thursday, Kacsmaryk, who was appointed by former President Donald Trump, argued that Republican officials in Texas and Missouri were likely to succeed in their arguments that Mayorkas' memo was"arbitrary and capricious," and contrary to federal administrative law, because he did not properly consider certain issues.
A U.S. Border Patrol agent monitors immigrants as they enter a Border Patrol vehicle to be taken for processing, after crossing the border from Mexico on Aug. 6, 2022, in Yuma, Arizona.Kacsmaryk said the Biden administration also failed to sufficiently consider how the rescission of the policy would impose financial burdens on Texas and Missouri, which have argued that the program's termination led to increased numbers of migrants using their states' social services.
Moreover, in its ruling in June, the Supreme Court stated that federal law did not require the government to return migrants to Mexico, saying it was an optional legal authority that officials could invoke. The high court also concluded that requiring the government to implement a policy that depended on Mexico's approval interfered with the president's broad powers to conduct foreign affairs.
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