Texas Attorney General Ken Paxton has filed a new lawsuit against the Biden administration, this time for rescinding former President Donald Trump’s “Remain in Mexico” policy.
Paxton annouced his lawsuit in a tweet on Wednesday, April 14, in which he called Biden’s immigration crisis in the southern border “a disaster.”
“That’s why today I’m suing him AGAIN—now bc he killed the Remain-in-Mex prog. We can’t have illegals on US soil, w the dangers & costs that come with it,” he tweeted.
“Let MEXICO be the waiting room—not Texas!” he added.
Biden’s immigration crisis is a DISASTER.
That’s why today I’m suing him AGAIN—now bc he killed the Remain-in-Mex prog. We can’t have illegals on US soil, w the dangers & costs that come with it.
Let MEXICO be the waiting room—not Texas! https://t.co/CrivP4Ywts
— Attorney General Ken Paxton (@KenPaxtonTX) April 13, 2021
In his first days in office, Biden, as promised during his campaign, reversed the Trump-era Migrant Protection Protocols, often referred to as the “Remain in Mexico” program, in which individuals who arrive at the southern border and ask for asylum are given notices to appear in immigration court and sent back to Mexico.
The program saw over 65,000 asylum seekers, many from Central America, refused admission and sent back across the border awaiting court hearings.
In his lawsuit, Paxton said that, “the result of this arbitrary and capricious decision has been a huge surge of Central American migrants, including thousands of unaccompanied minors, passing through Mexico in order to advance meritless asylum claims at the U.S. border.”
In February, Biden’s Department of Homeland Security confirmed that those deported to Mexico under Trump’s Migrant Protection Protocols program could re-enter the country. DHS began by opening three ports of entry and processing up to 300 people a day.
The state of Texas claims that the Biden administration breached the Administrative Procedures Act by failing to adequately communicate with the state before adopting a new strategy.
Paxton tweeted in January that he had won a legal battle against the Biden administration.
Texas is the FIRST state in the nation to bring a lawsuit against the Biden Admin.
AND WE WON.
Within 6 days of Biden’s inauguration, Texas has HALTED his illegal deportation freeze.
*This* was a seditious left-wing insurrection. And my team and I stopped it.
— Attorney General Ken Paxton (@KenPaxtonTX) January 26, 2021
In an early court fight over Biden’s immigration policies, Judge Drew Tipton, a Trump appointee, blocked the Biden administration’s 100-day moratorium on some deportations.
BREAKING — U.S. Judge Drew Tipton temporarily halts the Biden administration’s 100-day moratorium on certain deportations in an early legal battle over the new president’s immigration policy.
— Camilo Montoya-Galvez (@camiloreports) January 26, 2021
Despite the fact that U.S. law requires migrants to apply for asylum at the border, the case repeatedly asserts that the state carries the brunt of “illegal immigration.”
This is Texas’ third lawsuit opposing Biden’s immigration policies. It won a victory earlier this year, blocking Biden’s effort to halt deportations for the first 100 days of his presidency.
The state also sued last week over revisions to Immigration and Customs Enforcement (ICE) legislation that reduce ICE’s dependence on “detainers,” which allow ICE officials to ask local authorities to retain foreign nationals for up to 48 hours after their sentences are set to end.
The Trump administration has been hit with a slew of lawsuits questioning the legitimacy of its “Remain in Mexico” policy, including one filed by the American Civil Liberties Union and immigration rights organizations that will be heard by the Supreme Court.
In February, the Biden administration persuaded the Supreme Court to postpone the hearing because it was committed to replacing the regulation, reports The Hill.