Government Watch / Immigration / Politics

Biden Reversed – on Immigration Policy


President Biden just got reversed by the Supreme Court, which upheld President Trump’s agreement with Mexico forcing those seeking asylum to stay in Mexico – not be released into the United States. This ruling matters. Here is why.

On the law, Biden halted Trump’s “Migrant Protection Protocols,” negotiated with Mexico. The US Court of Appeals, 5th Circuit, then ruled Biden could not do that.

They stayed his decision. Biden then appealed. The US Supreme Court sided with the lower court and against Biden.

One should note that – historically – Trump’s “Migrant Protection Protocols” were hardly novel. What made them novel was what came before – they reversed Obama’s decision to import asylum seekers – that is, permit unadjudicated asylum seekers’ residence in the United States.

Last legal note. You can probably see why Obama’s decision was troubling.

Traditionally, an asylum seeker must prove a “well-founded fear of persecution,” individuated risk presented by country of origin. To be at risk, they must apply from that country, not a third country – which would obviate their risk. Technically, Mexico should be granting asylum – except illegals want a free pass into America.

So, Trump worked a compromise – which was really a return to regular order, with the twist that America would consider these applicants from Mexico if they remained there during review.

On the facts, Trump’s reason for seeking this compromise was clear. More than 70 percent of those seeking asylum do not – after fair review – warrant asylum, no right to remain here. Finding them, however, is hard. Many never appear for their court date, vanishing into America. See, e.g., Asylum Denial Rates Continue to Climb.

So, Trump reversed that, then Biden reversed Trump – going back to Obama’s “open door” policies, ending “remain in Mexico.” The US Court of Appeals said – “whoa,” and prevented the reversal, and US Supreme Court just said, “yep that’s right.”

The immediate impact is asylum seekers will have to stay outside the US when applying, long the norm before Obama. They will have to prove a “well-founded fear of persecution” in their country of origin. If they cannot, no asylum.

Biden’s team says they will challenge the ruling on the merits but “agree” to comply “in good faith.” What the Supreme Court did is confirm Biden’s act was “arbitrary and capricious.”

Less obvious elements of this decision are the most interesting.

First, this case came through a federal district court in Texas, a state disproportionately affected by illegal immigration. Other 5th Circuit states are also adversely affected by illegals, plus states in the 10th (New Mexico), 11th (Florida), and unwieldy 9th (with Arizona, California, and Nevada). A decision on the merits may not go for Biden.

Second, the current ruling found Biden had “failed to show likelihood of success on the claim …” In other words, the underlying cause is weak. While three justices gave Biden a pass, the other six were clear – suggesting where a future ruling may go, against Biden. While Mexico saw advantages in the Trump protocols, groups favoring illegal immigration continue pushing.

Unfortunately, this ruling does not reverse Biden’s admission of 13,000 asylum seekers to date. Oversight of the “good faith” pledge will be important, to assure promises made are kept. Even that pledge is a bit odd. You see, Biden just ignored another Supreme Court ruling.

In June, the High Court said an extension of the COVID-related “eviction moratorium” must be legislative (passed by Congress) or was unconstitutional. Biden ignored the ruling, issuing an executive order extending the “eviction moratorium.”

Court watchers were aghast – a president openly disrespecting, disavowing the Supreme Court. That is why Biden’s pledge now – to act “in good faith” on immigration – is important. It seems to signal awareness that many question Biden’s respect for the Supreme Court, rebutting critics.

Of course, the fact that we are even talking about this – the idea that a White House would reverse a past White House on “arbitrary and capricious” grounds, and in another case ignore the Supreme Court, forcing a “good faith” pledge in this case, is rather remarkable.

But this is where we are – with an ideologically-preoccupied White House straining to “capriciously” change US immigration policies, while openly disrespecting the High Court.

None of this addresses the legality of those already here, or admission of COVID-infected illegal aliens – a word no longer officially allowed. None of this addresses Biden’s waivers to Title 42, effectively permitting unaccompanied children, pregnant women, and illegals with “underlying conditions” (whatever those are) into the country, even as capacity overflows. Major challenges.

Net-net, we live in challenging times – but for now, the US Court system is maintaining integrity. Courts have begun setting right policies Biden “capriciously” reversed.

If the Biden White House respects these Supreme Court rulings, hope survives.

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1 year ago

Recounting of votes from the election still going on. Still a glimmer of hope.

1 year ago

We need to take care of our own first!! Biden is a lying spineless coward!!!

Myrna S Wade
1 year ago

Biden thinks he is the final authority. He will not respect the court. He will think he just needs to pack the court with his ilk.

1 year ago

Biden should be impeached he has killed American people,he has broken Supreme Court rules and he is lot a leader . Biden will destroy America and let other country bomb us and will not know what to do about any of it.Biden has never been smart in politics and never will be.Get the number out.

Rosalee Cavanaugh
1 year ago

“Court watchers were aghast – a president openly disrespecting, disavowing the Supreme Court.”
Another branch of our legislation being broken down. The first to go was Congress. What will be left but a dictatorship.

John D. Beach
1 year ago

Democrat control of the processes of the election of 2020 was “arbitrary and capricious.” No surprise here. Democrats believe that their choice is the rule of law and that the purposes of the constitution are irrelevant. This idea that political persons need not represent the rule of law—not merely the will of some of their constituents—is unconstitutional, regardless of the fact of Democrats attempting to change the demographics with minority diversity which presents unacceptable costs and consequences related to crime, provably.

james michalicek
1 year ago

Biden is a lying POS!!!

1 year ago

I knew that when he was running for president. He isn’t to be trusted under any circumstances.The election just proves what I thought was correct. The Democrats illegally stole the election on 2020.

Eric The Patriot
1 year ago

Biden has the lightest schedule of any president in history and is embarrassing bumbling through teleprompter speeches.

In his memoir, Robert Gates wrote that Biden had “been wrong on nearly every major foreign policy and national security issue over the past four decades.” This is a damning claim from one who had observed Biden in action.

Biden has been in office for only 8 months.
1) He’s handed Afghanistan over to the Taliban.
2) He’s allowed at least 1 million illegal immigrants into the U.S.
3) His out-of-control spending has ignited inflation-worst in 30 years.
4) He’s eliminated our energy independence (and killed thousands of jobs).
5) Our gas prices have soared.
6) He’s weakened our military.
7) Greatly increased the national debt.
8) Legislated another Infrastructure Plan (ponzi scheme).
9) Greatly increased the ‘free’ world’s mistrust in the USA.
10) His 47 year political career has produced the most corrupt family crime organizations.
11) Let’s throw in the scamdemic to boot!

1 year ago

You couldn’t be any more true. Those that don’t see this are completely blind and stupid, just like the whole Biden administration, they are the absolute worst , most evil, un-American scum of the earth…
Obviously stole the election, and walking all over these spineless republicans.. It makes me sick to see how quickly our country has been destroyed. Unfortunately there are too many corrupt and ignorant morons in power to do anything about the crimes taking place, also with this covid crap going around they get to use this as an “emergency” power trip of controlling society .
Hopefully we can get back on track soon.

1 year ago

Despite having many advisers and
the legal opinions and advice of endless lawyers and experts Biden still got it wrong. He is an ideologue, not open mi ded

1 year ago

Every Republican in Congress should be demanding Biden resign NOW. He is unfit to to lead our country.

Mike S
1 year ago
Reply to  Martin

Then what, Kamala Harris with Pelosi as VP?

1 year ago
Reply to  Mike S

she would never choose Pelosi

J. Farley
1 year ago

The Supreme Court could work night and day for the next 6 months and they would still be things that they missed, correcting the damage that this Lying Weasel SLIME-BALL Biden has done to destroy America. We still have 3years and 4 months left of this Goofball, Brain dead Treasonous, Dirt Bag, and there is no end insight to the stupid stuff the left will shove down our throats. Just think in 8 months he has destroyed our standing in the world, the economy, Jobs, our sovereignty as a nation, our voting process, let alone the moral fiber as a nation.
People need to understand the Government can’t give you something that they didn’t first take from someone else, and part of what they gave you was something that they confiscated from you in the first place, giving back to you what was already yours.

1 year ago
Reply to  J. Farley

He’s only listening to China. They are telling him what to do.

Deni Huffman
1 year ago

Thank heavens! I agree it took too long to get to this decision.

1 year ago

Biden is a fool not American and should be sent to Guantanamo Bay, for safekeeping.GOD Bless American and let’s put Trump back into Office

Betsy t
1 year ago

And this treasonous maniac has the audacity to say that “White supremacy is the greatest threat to America”…

Sal C
1 year ago


1 year ago

We do not need more from South of the Border!!!

Gary Miller
1 year ago

This Pretender & Chief is so much of a fool in all respects, everything that he has done that I’ve seen has been to the destruction or degrading of America. Is he a forigan agent or just a doddering fool?

1 year ago

This reversal took too long..

1 year ago

I will believe it when I see it. This administration respects no law but their own twisted policies. But don’t you dare question their edicts!

1 year ago

It all depends on whether the Biden administration really chooses to obey the SC ruling as they have already indicated they will appeal this. Coin toss RBC.

Enuf Said
1 year ago
Reply to  PaulE

Appeal to WHOM!

1 year ago
Reply to  Enuf Said

The Biden administration has filed an appeal to the SC itself, as they claim this ruling hampers the executive branch from running border policy as the POTUS sees fit. I know it is an absurd justification by the Biden administration, but they are stalling having to implement a return to Stay in Mexico as long as they can. Every day they can stall, allows approximately 6,000 new illegals to enter the country via our open border. It’s a numbers game for the Democrats, as these would be Democrat voters in 2022 and 2024.

1 year ago
Reply to  PaulE

As usual, the POTUS and company are trying to find a way to subvert the SC ruling and get around it. NO ACCOUNTABILITY !!!

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