Missouri Attorney General Eric Schmitt Statement on DHS Intention to Terminate “Remain in Mexico” Policy

Sep 30, 2021, 16:41 PM by AG Schmitt
Missouri Attorney General Eric Schmitt today released the following statement in light of the Department of Homeland Security’s announcement that it intends to release a memo attempting again to terminate the successful “Remain in Mexico” Policy after the court injunction is lifted:
“My Office has fought the Biden Administration and won at the district court level, the 5thCircuit Court of Appeals, and the United States Supreme Court, requiring the Biden Administration to re-implement the successful ‘Remain in Mexico’ policy. Now, the Department of Homeland Security announced their intent to terminate the policy again, even as the crisis at the border continues to grow. Instead of taking proactive steps to secure the border, the Biden Administration continues to play politics with national security. We stand ready, willing, and able to hand the Biden Administration yet another loss in court if they terminate this policy again.”
Missouri Attorney General Schmitt filed suit against the Biden Administration over the cancellation of the policy back in April. In August, the district court in Texas issued a nationwide permanent injunction, requiring the Biden Administration to re-implement the program. The Office then prevailed at the 5th Circuit Court of Appeals and the United States Supreme Court as both courts denied the Department of Justice’s request for a stay pending appeal.
Last week, as the Haitian border crisis continues to deteriorate, the Office filed a motion to enforce the permanent injunction, arguing the Biden Administration has not been re-implementing the program in good faith.
Moreover, Department of Homeland Security lacks authority under the permanent injunction to terminate the policy until it has detention capacity to detain all asylum applicants at the border, so any attempt to terminate the policy again will be in direct violation of a court order.