Patriots: For over 26 years, your generosity has made it possible to offer The Patriot Post without a subscription fee to military personnel, students, and those with limited means. Please support the 2024 Year-End Campaign today.

August 25, 2021

SCOTUS Reinstates ‘Remain in Mexico’

Biden failed to follow proper protocols when ending Trump’s successful asylum rule.

The U.S. Supreme Court ruled that Joe Biden’s ending of Donald Trump’s Migrant Protection Protocols (MPP), popularly knowns as the “Remain in Mexico” policy, failed to follow the proper procedures for terminating a policy. As a result, the Trump-era policy will be reinstated immediately, and asylum applicants will be forced to wait out their requests in Mexico.

The SCOTUS ruling upholds U.S. District Judge Matthew Kacsmaryk’s nationwide injunction from earlier this month. Kacsmaryk ordered the Biden administration to “enforce and implement MPP in good faith until such a time as it has been lawfully rescinded in compliance with the [Administrative Procedure Act] and until such a time as the federal government has sufficient detention capacity to detain all aliens subject to mandatory detention under Section 1255 without releasing any aliens because of a lack of detention resources.”

The seesawing executive orders between the Obama and Trump and Biden administrations forced the Court to increasingly play the referee of the executive branch, which continues to assume the role of the legislative branch. Congress, not the executive branch, should be creating laws regarding immigration and asylum. It’s disappointing, however, that the Court often sidesteps the constitutionality of these executive orders, focusing instead on tackling the procedural arguments.

The seeming precedent being set is more SCOTUS refereeing over how the executive order can is kicked back and forth and less about whether executive orders are constitutional.

Meanwhile, south of the border, the Mexican government is suing American gun manufactures in a bid to hold them “accountable” for the “gun violence” meted out at the hands of the drug cartels. Talk about the classic blame game. Since the Mexican government has failed to prevent growing violence from criminal cartels via increasingly restrictive gun laws that prevent its citizens from protecting themselves against these armed thugs, it now wants to blame the gunmakers.

Three quick observations. First, if the Biden administration were committed to closing and controlling the southern border, then the flow of illegals, drugs, and guns would be significantly stymied, weakening the drug trade and the power of the cartels. Second, an armed citizenry is a bigger deterrent to criminals and their violence than is an unarmed citizenry that’s helpless to defend themselves. As studies repeatedly show, Americans use firearms to defend themselves between 500,000 and three million times annually. Third, the Mexican government is barking up the wrong tree. It’s not American gunmakers trafficking guns across the border; it was the Obama-Biden administration under Operation Fast and Furious.

With the Remain in Mexico policy reinstated, and Mexico’s ongoing violent crime issues, maybe some migrants thinking of illegally entering the U.S. and requesting asylum will have second thoughts — especially since they’d have to wait out their asylum requests south of the border.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.