Why Does Biden Continue to Fight Against Trump Migrant Policy Despite Border Crisis & SCOTUS Ruling?

While illegal border-crossing attempts continue to increase, accompanied by drug and human smuggling, the Biden administration's fierce fight against Donald Trump's migration programmes raises many questions, says retired ICE official Dan Cadman.

On 24 August, the US Supreme Court stated that the Biden administration must comply with a district judge's ruling to restart Donald Trump's "remain in Mexico" policy, formally known as the Migrant Protection Protocols (MPP) programme. MPP, instituted by Trump in early 2019, required asylum seekers to wait outside the US for their cases to be decided.

Following his victory in November 2020, Joe Biden reversed most of Trump's migrant policies and sought to axe MPP as well. The Biden administration announced a formal end to the policy in early June. Texas Attorney General Ken Paxton and Missouri Attorney General Eric Schmitt filed a lawsuit challenging the White House decision.

The administration “failed to consider several critical factors” before putting a stop to the program," U.S. District Judge Matthew Kacsmaryk says. https://t.co/vye7QxD5PV

— IJR (@TheIJR) August 25, 2021

​On 13 August, US District Court Judge Matthew Kacsmaryk ruled that the Biden administration had failed to provide an adequate reason for cancelling the programme, and had acted "arbitrarily and capriciously" in ending it.

"Why would the Biden administration fight for reversal of a policy that the previous administration implemented as an emergency measure to regain control of a border that had been spinning out of control, as evidenced by a series of 'marches' involving thousands of individuals attempting to march north and force their way across?" asks Dan Cadman, a fellow at the Centre for Immigration Studies and a retired INS/ICE official.

It appears that the Biden administration "believes that all immigration – even unrestrained mass illegal migration – is an unalloyed good that should be countenanced," Cadman remarks, stressing that facts prove the contrary.

In particular, Biden's policies "have fueled a rise in alien smuggling, with associated crimes such as extortion, sex trafficking, and hostage-taking," the retired ICE official underscores. In addition, many previously deported alien criminals and gang members are using the open border to return to the US and pick up on their lives of crime. On top of this, a large number of aliens – both apprehended and free – are claimed by some to be testing positive for COVID-19, which could potentially amplify the pandemic crisis, according to Cadman.

Migrants from Central America are detained by U.S. Customs and Border Protection (CBP) agents, in New Mexico

© REUTERS / Jose Luis Gonzalez

In July 2021, there were 212,672 encounters along the southwest US border, according to the US Customs and Border Protection (CBP). The agency specifies that 27 percent of these encounters involved individuals who had at least one prior encounter in the previous 12 months. For comparison's sake, CBP encountered 188,829 people attempting to cross the Southwest Border in June 2021. Drug seizures soared 10 percent in July 2021, according to the agency.

"Whether the American public shares this enthusiasm for mass migration is doubtful, especially as they begin to see large numbers of non-Mexican, non-Central American aliens from all over the world, including terrorist hotspots, apprehended crossing the border, which understandably raises alarms over national security and public safety issues for communities throughout the United States," highlights Cadman.

Conservative observers refer to the steep rise in the number of people trying to enter the US under Biden and pin the blame on the incumbent president's decision to nix Trump migration policies, which, according to them, helped reduce the influx of asylum seekers coming from Latin America.

"I believe that trying to change the political landscape for the future of America by building up a very supportive base of Biden-friendly immigrants from around the world that will guarantee the votes in the future for the Democratic Party," suggests Derek Maltz, a national security public safety executive and former agent from the Drug Enforcement Administration (DEA).

However, in Maltz's view, "that's a very self-centered approach with immigration because we politicians and government leaders to be caring way more about safety and security of American citizens than the political vote in a future."

In his mid-August ruling, US District Court Judge Matthew Kacsmaryk drew attention to the fact that the Biden administration "failed to consider the warnings by career DHS personnel that the suspension of the MPP, along with other policies, would lead to a resurgence of illegal aliens attempting to illegally cross the border."

Kacsmaryk noted that DHS Secretary Alejandro Mayorkas "had the opportunity to see if the warnings were predictive" because he suspended enrollments in MPP on 20 January 2021. "From that date until June 1, 2021 when MPP was permanently terminated, the Secretary had the opportunity to observe the ever-increasing number of border encounters," according to the district judge.

BREAKING: The U.S. Supreme Court tells the Biden Administration to reinstate the "Remain in Mexico" policy put in place by the Trump Admin.

This halts Biden's skirting of immigration laws & will reduce the record number of migrants entering illegally.

— Greg Abbott (@GregAbbott_TX) August 25, 2021

​On 24 August, the Supreme Court's 6-3 conservative majority, including three justices appointed by Trump, agreed with Kacsmaryk's decision. Texas GOP Governor Greg Abbott and GOP Attorney General Ken Paxton hailed the SCOTUS ruling: "This halts Biden's skirting of immigration laws and will reduce the record number of migrants entering illegally," Abbott tweeted on 25 August.

The US Supreme Court's ruling that the Biden administration should revive Trump's "remain in Mexico" programme serves as "yet another example as to why Biden's 'remove all things Trump' is not only faulty, but dangerous, irresponsible and in some cases illegal", according to Lisa Haven, the co-founder of the media outlet Restricted Republic. "The Biden 'anti-Trump' presidency has thus far proven as reckless and anti-American as any Presidency in US history," she stresses.

Biden's Department of Homeland Security lamented the Supreme Court decision and stated that it would continue to "vigorously challenge" the judge's ruling. The DHS noted that as the appeals process continues that it would comply with the court's order "in good faith," adding that it had begun discussions with Mexico over MPP.