29, but Monday’s ruling said the revision “simply reaffirmed the Termination Decision that the States had been challenging all along.” Mayorkas issued a revised version of the policy Oct. District Judge Matthew Kacsmaryk issued an injunction keeping the policy in play, saying the administration failed to follow required procedures for ending it and did not have the capacity to detain all asylum seekers. But the state of Missouri and Texas sued to reinstate it. If there is no capacity to detain them, Judge Andrew Oldham wrote for the panel, the statute allows the Department of Homeland Security to return them to “contiguous territories” while proceedings are pending.īiden suspended the program on his first day in office in January and Homeland Security Secretary Alejandro Mayorkas formally ended it in June.
Monday’s ruling by three 5th Circuit judges said the administration’s move to end the policy was arbitrary and violated a federal immigration statute requiring detention of those in the country illegally pending removal proceedings. ramps up return of asylum-seekers to Mexico under MPP program
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