Credit – Gage Skidmore WikiMediaCommons
The Fifth Circuit Court of Appeals, Tuesday, chastised the Biden administration for illegally ending the remain in Mexico policy, the Trump administration instituted back in 2019. The court upheld a lower courts ruling that stated the Department of Homeland Security unlawfully terminated the Migrant Protection Protocols for asylum seekers. The Biden administration is receiving defeat after defeat in the courts. From vaccine mandates to border policy, it looks like the Biden Administration is on the wrong side of the law. Maybe it’s time, for whoever is running our government, to rethink the agenda and actually protect the citizens of the United States, rather than the illegal aliens crossing our borders.
Remain in Mexico Mitigated Illegal Border Crossings
The remain in Mexico policy enforced section 235(b)(2)(C) of the Immigration and Nationality Act. That section was enacted by congress in 1996, and basically authorizes the Secretary of Homeland Security to return applicants, not entering the United States from Mexico, to be returned to the mainland in which they first entered…that being Mexico. In other words, if someone from Guatemala was trying to seek asylum into the United States, they would be returned to Mexico until their court hearing date. The enforcement of this policy severely mitigated illegal crossings and catch and release, which we are seeing in catastrophic numbers now. The Biden administration, however, reversed this policy in June, with the stroke of a pen, and without congress’s approval.
The Fifth Circuit Upheld Separation of Powers and the Rule of Law
Judge Andrew Oldham, writing for the fifth Circuit of Appeals, reprimanded the Biden administration and its thwarting of the separation of powers and its apparent disregard for the rule of law.
“DHS’s proposed approach is as unlawful as it is illogical. 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. We address and reject each of the Government’s review ability arguments and determine that DHS has come nowhere close to shouldering its heavy burden to show that it can make law in a vacuum. The Government’s position in this case has far-reaching implications for the separation of powers and the rule of law. The government says it has unreviewable and unilateral discretion to create and eliminate entire components of the federal bureaucracy that affect countless people, tax dollars, and sovereign States. The Government also says it has unreviewable and unilateral discretion to ignore statutory limits imposed by Congress and to remake entire titles of the United States Code to suit the preferences of the executive branch. And the Government says it can do all of this by typing up a new ‘memo’ and posting it on the internet. If the Government were correct, it would supplant the rule of law with the rule of say-so. We hold the Government is wrong.”
Biden Violated Separation of Powers
Hot diggity dog. If that wasn’t a spanking, I don’t know what is. Thank God for these common sense judges upholding the rule of law and the separation of powers between the different branches of government. The Biden administration will more than likely appeal this to the Supreme Court, but the rule of law is clear. Biden wasn’t just overturning a Trump executive order, he was overturning a policy enacted by congress, and that’s a clear violation of the separation of powers. I don’t see how the Supreme Court sides with Biden on this. The crisis at the border is chaotic, and just like the record setting inflation, bad foreign policy decisions, supply chain crisis, worker shortage and energy prices, the Biden administration has their heads in the sand. They are ignoring the absolute strangulation of this great nation, while at the same time they are fighting against it. It’s a battle they are going to lose.
Related: How Will Joe Biden Respond?
