Supreme Court Orders Biden Admin To Reinstate Trump Immigration Policy

Supreme Court Orders Biden Admin To Reinstate Trump Immigration Policy

Kevin Daley • August 24, 2021 8:07 pm

The Supreme Court on Tuesday ordered the Biden administration to reinstate the Trump-era "Remain in Mexico" policy for asylum-seekers for the time being, saying further proceedings will likely show the government failed to give adequate reasons for ending the program as required by law.

Formally known as the Migrant Protection Protocols, the policy requires asylum-seekers to remain in Mexico while immigration authorities review their applications. A federal trial judge and the Fifth U.S. Circuit Court of Appeals said the Homeland Security Department failed to justify its decision to terminate the program. The liberal trio noted their dissent from Tuesday's order.

President Joe Biden's immigration policies have angered conservatives and liberals alike and face legal pressure from both sides. In the last two months, federal trial judges have struck down Biden's priority deportation practices and an Obama-era program that shields people who illegally entered the country as children from deportation. The ACLU is suing the administration for retaining COVID-related restrictions on asylum applications after a months-long closed-door negotiation failed to yield a settlement.

In its emergency appeal to the High Court, acting solicitor general Brian Fletcher warned the justices that an adverse decision would be perceived as political favoritism. During the Trump years, the Supreme Court stepped in repeatedly to allow the former president to implement his preferred immigration policies, as when it lifted a lower court order that blocked Pentagon funding for the border wall.

"In recent years, this Court has repeatedly stayed broad lower court injunctions against executive branch policies addressing matters of immigration, foreign policy, and migration management. It should do the same here," the filing reads.

The protocols are controversial because asylum-seekers struggle to retain adequate legal representation from the other side of the border, and conditions in Mexico can be dangerous for migrants. The Trump administration argued the alternative was effectively an open borders policy because backlogs in the immigration courts can defer decisions by years while applicants fade into the interior of the country.

Texas filed a lawsuit after Homeland Security Secretary Alejandro Mayorkas issued a memo rescinding the Migrant Protection Protocols on June 1. Lawyers for the state said that decision was harmful because many asylum seekers will be paroled into Texas, saddling the state with additional education and health care costs.

U.S. District Judge Matthew Kacsmaryk in Amarillo found that terminating the protocols contributed to the ongoing border surge. U.S. Border Patrol encounters with migrants and asylum-seekers have skyrocketed in recent months, and Kacsmaryk noted DHS itself anticipates this year will see the highest level of enforcement encounters on record.

Nonetheless, Kacsmaryk said the Mayorkas memo didn't account for the Migrant Protection Protocols' deterrent effect on bad faith asylum-seekers. He also faulted DHS for failing to consult with Texas before issuing the memo, as required by a Trump-era agreement between the federal government and state authorities.

All told, the judge said Mayorkas did not adequately justify his decision to end the Migrant Protection Protocols as required by the Administrative Procedure Act. The act is a federal statute that sets out procedural requirements agencies have to satisfy when crafting new policies and regulations.

Kacsmaryk issued an injunction that required the administration to retain the Migrant Protection Protocols for the time being on Aug. 13.

The Biden administration cast Kacsmaryk's injunction in dire terms in its appeal to the High Court. It claims the injunction requires the government to "abruptly reinstate a broad and controversial immigration enforcement program." Doing so, the filing adds, is "near impossible" and could precipitate a humanitarian and diplomatic crisis.

And because Mexico helped administer the program in the past, the government accused the trial judge of "effectively dictating the content of the United States' negotiations with foreign sovereigns."

In an unsigned opinion from a panel of three judges, the Fifth Circuit said the government's description of Kacsmaryk's order is disingenuous.
"This is a strawman. The district court did not order the government to restore MPP's infrastructure overnight," the Fifth Circuit's decision reads, adding that Kacsmaryk's order requires only "good faith" efforts on the government's part.

As to the Administrative Procedure Act, the Biden administration emphasized that the scope of judicial scrutiny under the law is narrow and that the bar they have to clear is a low one. It is only required, they said, to "articulate a satisfactory explanation for its action," not an exhaustive list of justifications.

The case is No. 21A21 Biden v. Texas.

https://freebeacon.com/courts/suprem...ration-policy/

Make it retroactive to the date Biden stopped sending them back.

All those that got through need to be rounded up and BUSED back over the border immediately!

Clear that bogus asylum claim backlog clean and deport every one of them.

Process in our Stadiums and bus them to ships and ship them out of here!

E-verify housing and get them OUT of our housing. That is harboring illegal aliens and against our laws!

§1459. Reporting requirements for individuals

(a) Individuals arriving other than by conveyance

Except as otherwise authorized by the Secretary, individuals arriving in the United States other than by vessel, vehicle, or aircraft shall-

(1) enter the United States only at a border crossing point designated by the Secretary; and

(2) immediately-

(A) report the arrival, and

(B) present themselves, and all articles accompanying them for inspection;

to the customs officer at the customs facility designated for that crossing point.
(b) Individuals arriving by reported conveyance

Except as otherwise authorized by the Secretary, passengers and crew members aboard a conveyance the arrival in the United States of which was made or reported in accordance with section 1433 or 1644 of this title or section 1644a(b)(1) or (c)(1) of this title, or in accordance with applicable regulations, shall remain aboard the conveyance until authorized to depart the conveyance by the appropriate customs officer. Upon departing the conveyance, the passengers and crew members shall immediately report to the designated customs facility with all articles accompanying them.

(c) Individuals arriving by unreported conveyance

Except as otherwise authorized by the Secretary, individuals aboard a conveyance the arrival in the United States of which was not made or reported in accordance with the laws or regulations referred to in subsection (b) of this section shall immediately notify a customs officer and report their arrival, together with appropriate information concerning the conveyance on or in which they arrived, and present their property for customs examination and inspection.

(d) Departure from designated customs facilities

Except as otherwise authorized by the Secretary, any person required to report to a designated customs facility under subsection (a), (b), or (c) of this section may not depart that facility until authorized to do so by the appropriate customs officer.

(e) Unlawful acts

It is unlawful-

(1) to fail to comply with subsection (a), (b), or (c) of this section;

(2) to present any forged, altered, or false document or paper to a customs officer under subsection (a), (b), or (c) of this section without revealing the facts;

(3) to violate subsection (d) of this section; or
(4) to fail to comply with, or violate, any regulation prescribed to carry out subsection (a), (b),

(c), or (d) of this section.

(f) Civil penalty

Any individual who violates any provision of subsection (e) of this section is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation.

(g) Criminal penalty

In addition to being liable for a civil penalty under subsection (f) of this section, any individual who intentionally violates any provision of subsection (e) of this section is, upon conviction, liable for a fine of not more than $5,000, or imprisonment for not more than 1 year, or both.


(June 17, 1930, ch. 497, title IV, §459, 46 Stat. 717 ; June 25, 1938, ch. 679, §10(a), 52 Stat. 1082 ;
Pub. L. 99–570, title III, §3115(a), Oct. 27, 1986, 100 Stat. 3207–82 .)

Codification


In subsec. (b), "section 1644a(b)(1) or (c)(1) of this title" substituted for "section 1109 of the Federal Aviation Act of 1958" on authority of
Pub. L. 103–272, §6(b), July 5, 1994, 108 Stat. 1378 , the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

Prior Provisions

Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, §459, 42 Stat. 956 . That section was superseded by section 459 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act.
R.S. §3109, as amended by act Feb. 17, 1898, ch. 26, §4, 30 Stat. 248 , was omitted from the Code as superseded by this section. It read as follows: "The master of any foreign vessel, laden or in ballast, arriving, whether by sea or otherwise, in the waters of the United States from any foreign territory adjacent to the northern, northeastern, or northwestern frontiers of the United States, shall report at the office of any collector or deputy collector of the customs, which shall be nearest to the point at which such vessel may enter such waters; and such vessel shall not transfer her cargo or passengers to another vessel or proceed farther inland, either to unlade or take in cargo, without a special permit from such collector or deputy collector, issued under and in accordance with such general or special regulations as the Secretary of the Treasury may, in his discretion, from time to time prescribe. This section shall also apply to trade with or through Alaska. For any violation of this section such vessel shall be seized and forfeited."

Provisions concerning the manner of importation, landing and unlading except in districts on the northern, northwestern and western boundaries, were contained in R.S. §3095, as amended by act April 27, 1904, ch. 1625, §1, 33 Stat. 362 .

Additional provisions concerning importations on the northern and northwestern boundaries, reports, manifests, entries, etc., were contained in R.S. §§3096 and 3097.

Provisions for the delivery of a manifest by the master of vessels, except registered vessels, and the person in charge of boats, vehicles, etc., coming from any foreign territory adjacent to the United States, were contained in R.S. §3098.

R.S. §3121, provided that the master of any vessel with cargo, passengers, or baggage from any foreign port, should obtain a permit and comply with existing laws before discharging or landing the same.

R.S. §3128, made special provision for landing of merchandise imported by steamboat on Lake Champlain.

All of the foregoing sections of the Revised Statutes (3095–3098, 3109, 3121 and 3128) with the exception of R.S. §3109, were repealed by act Sept. 21, 1922, ch. 356, title IV, §642, 42 Stat. 989 .

Amendments


1986-
Pub. L. 99–570 amended section generally. Prior to amendment, section read as follows: "The master of any vessel of less than five net tons carrying merchandise and the person in charge of any vehicle arriving in the United States from contiguous country, shall immediately report his arrival to the customs officer at the port of entry or customhouse which shall be nearest to the place at which such vessel or vehicle shall cross the boundary line or shall enter the territorial waters of the United States, and if such vessel or vehicle have on board any merchandise, shall produce to such customs officer a manifest as required by law, and no such vessel or vehicle shall proceed farther inland nor shall discharge or land any merchandise, passengers, or baggage without receiving a permit therefor from such customs officer. Any person importing or bringing merchandise into the United States from a contiguous country otherwise than in a vessel or vehicle shall immediately report his arrival to the customs officer at the port of entry or customhouse which shall be nearest to the place at which he shall cross the boundary line and shall present such merchandise to such customs officer for inspection."1938-Act June 25, 1938, substituted provisions requiring any person importing merchandise from a contiguous country otherwise than in a vessel to report his arrival at the nearest customshouse and present such merchandise for inspection for provisions setting penalties of $100 for for the failure of the master of any vessel to report its arrival in the United States, forfeiture of vessel and goods for unlading without a permit, and $500 for the unlading of any passenger without a permit.

Date of 1938 Amendment

Amendment by act June 25, 1938, effective on thirtieth day following June 25, 1938, except as otherwise specifically provided, see section 37 of act June 25, 1938, set out as a note under section 1401 of this title.



https://uscode.house.gov/view.xhtml?...edition=prelim

Enforce our Laws.

Hit these illegal aliens with FINES of $5,000 for intentionally violating, and illegally, entering our country!

They are also RIPPING up their birth certificates and identification papers!

Hand ALL UACs over to their Embassy to process and transport to their authorities back home where they belong.

§1433. Report of arrival of vessels, vehicles, and aircraft

(a) Vessel arrival

(1) Immediately upon the arrival at any port or place within the United States or the Virgin Islands of-

(A) any vessel from a foreign port or place;

(B) any foreign vessel from a domestic port;

(C) any vessel of the United States carrying foreign merchandise for which entry has not been made; or

(D) any vessel which has visited a hovering vessel or received merchandise while outside the territorial sea;

the master of the vessel shall report the arrival at the nearest customs facility or such other place as the Secretary may prescribe by regulations.

(2) The Secretary may by regulation-

(A) prescribe the manner in which arrivals are to be reported under paragraph (1); and

(B) extend the time in which reports of arrival must be made, but not later than 24 hours after arrival.

(b) Vehicle arrival

(1) Vehicles may arrive in the United States only at border crossing points designated by the Secretary.

(2) Except as otherwise authorized by the Secretary, immediately upon the arrival of any vehicle in the United States at a border crossing point, the person in charge of the vehicle shall-

(A) report the arrival; and

(B) present the vehicle, and all persons and merchandise (including baggage) on board, for inspection;

to the customs officer at the customs facility designated for that crossing point.

(c) Aircraft arrival

The pilot of any aircraft arriving in the United States or the Virgin Islands from any foreign airport or place shall comply with such advance notification, arrival reporting, and landing requirements as the Secretary may by regulation prescribe.

(d) Presentation of documentation

The master, person in charge of a vehicle, or aircraft pilot shall present, or transmit pursuant to an electronic data interchange system, to the Customs Service such information, data, documents, papers, or manifests as the Secretary may by regulation prescribe.

(e) Prohibition on departures and discharge

Unless otherwise authorized by law, a vessel, aircraft or vehicle after arriving in the United States or Virgin Islands may, but only in accordance with regulations prescribed by the Secretary-

(1) depart from the port, place, or airport of arrival; or

(2) discharge any passenger or merchandise (including baggage).

(June 17, 1930, ch. 497, title IV, §433, 46 Stat. 711 ;
Pub. L. 99–570, title III, §3112, Oct. 27, 1986, 100 Stat. 3207–80 ;
Pub. L. 103–182, title VI, §652, Dec. 8, 1993, 107 Stat. 2209 ;
Pub. L. 106–476, title I, §1452(a)(1), Nov. 9, 2000, 114 Stat. 2167 .)

Prior Provisions

Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, §433, 42 Stat. 951 . That section was superseded by section 433 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act.

.S. §2774, requiring a report of arrival, and a further report in the form of a manifest, and imposing a penalty for violations was superseded by act Sept. 21, 1922, ch. 356, title IV, §433,

42 Stat. 951 , and repealed by section 642 of that act.

R.S. §2772, relative to report and entry by the master of every vessel, bound to a port of delivery; section 2775, requiring a special report by the master of any vessel having on board distilled spirits or wines; and section 2832, relative to report of arrival of vessels proceeding to the ports of Natchez or Vicksburg, were also repealed by section 642 of the act of Sept. 21, 1922, ch. 356.

Amendments


2000-Subsec. (a)(1)(C).
Pub. L. 106–476 struck out "bonded merchandise, or" before "foreign merchandise".

1993-Subsec. (a)(1)(D).
Pub. L. 103–182, §652(1), added subpar. (D).
Subsec. (d).
Pub. L. 103–182, §652(2), substituted "present, or transmit pursuant to an electronic data interchange system, to the Customs Service such information, data," for "present to customs officers such".
Subsec. (e).
Pub. L. 103–182, §652(3), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "Unless otherwise authorized by law, a vessel, aircraft, or vehicle may, after arriving in the United States or the Virgin Islands-"(1) depart from the port, place, or airport of arrival; or
"(2) discharge any passenger or merchandise (including baggage);
only in accordance with regulations prescribed by the Secretary."

1986-
Pub. L. 99–570 amended section generally. Prior to amendment, section read as follows: "Within twenty-four hours after the arrival of any vessel from a foreign port or place, or of a foreign vessel from a domestic port, or of a vessel of the United States carrying bonded merchandise, or foreign merchandise for which entry has not been made, at any port or place within the United States at which such vessel shall come to, the master shall, unless otherwise provided by law, report the arrival of the vessel at the nearest customhouse, under such regulations as the Commissioner of Customs may prescribe."

Effective Date of 2000 Amendment


Amendment by
Pub. L. 106–476, except as otherwise provided, applicable with respect to goods entered, or withdrawn from warehouse, for consumption, on or after the 15th day after Nov. 9, 2000, see section 1471 of
Pub. L. 106–476, set out as a note under section 58c of this title.

Transfer of Functions


For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in
Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by
Pub. L. 114–125, and section 802(b) of
Pub. L. 114–125, set out as a note under section 211 of Title 6.



https://uscode.house.gov/view.xhtml?...dition:prelim)

Arrest and charge ALL illegal aliens with 19 USC 1459, and 19 USC 1433 for unlawful entry by other than a designated Port of Entry.

Throw the book at them!

Fine and/or prison in Federal Tent City on Federal Land with a panel of Federal Judges!!!

Then deport them on the spot.

Quote:

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Originally Posted by Beezer

Make it retroactive to the date Biden stopped sending them back.

All those that got through need to be rounded up and BUSED back over the border immediately!

Clear that bogus asylum claim backlog clean and deport every one of them.

Process in our Stadiums and bus them to ships and ship them out of here!

E-verify housing and get them OUT of our housing. That is harboring illegal aliens and against our laws!

---

Get them out, before they can have thousands of American citizen anchor babies.

They don't care about the law at ALL