Immigration

Biden Balances Court Orders With Ending Trumpism

SK Ashby
Written by SK Ashby

Then candidate Joe Biden vowed to end Donald Trump's "Remain in Mexico" immigration policy that forced asylum seekers to stay on the Mexican side of the southern border while their appeals are heard and the Biden administration did end the policy, but a federal judge appointed by Trump recently ruled that the policy must be reinstated.

The Supreme Court also declined to consider an emergency appeal of the lower court's order and that left the Biden administration with no choice but to reinstate the policy.

With no choice, the administration is now considering alternatives such as making the policy more humane by improving conditions on the ground.

The new proposal — what some have dubbed “Remain in Mexico lite” — would require a small number of asylum seekers to wait in Mexico for their cases to be processed but give them better living conditions and access to attorneys, according to three people familiar with the discussions.

The administration is starting talks with Mexico in a bid to strike a balance between abiding by a federal court order and making good on the president’s campaign promises. A federal judge ruled last month that President Joe Biden’s attempt to end the program — a pledge he made on the campaign trail — violated the law.

In their report on the matter, Politico quotes immigration advocates from multiple organizations who are all blasting the Biden administration for trying to find the best alternative possible. They say ending the program is the only choice.

But the administration has already tried to end the program and doing so at this point would require ignoring the courts.

You know, I was afraid Trump would ignore the courts so I'm certainly not going to support Biden doing so even if I also believe that all of Trump's immigration policies should be eliminated. I personally believe in more open borders; I believe people should be able to travel between countries anytime they like with minimal paperwork. But I also believe that some of the fiercest advocates of these things don't do themselves any favors by attacking policymakers who are on their side.

Trump stacked many court systems including the highest court with ideological judges and these are the consequences of that. Administration officials are now balancing their own policy priorities with the priorities of advocates and a legal system that is unfavorable to each them.