AFL Continues Fighting for Border Security: Files Supplemental Brief with SCOTUS in Texas v. Biden

Monday, May 9, 2022

Supports States’ Position that Federal Court Has Jurisdiction to Hear “Remain in Mexico”  Case 

WASHINGTON, DC – Today, America First Legal (AFL) filed a second amicus brief with the Supreme Court of the United States in the critically important case, Texas v. Biden

As background, the Supreme Court granted certiorari in the case on February 18, 2022, and  heard oral arguments on April 26, 2022. In its first amicus brief in this case, AFL stood with the States of Texas and Missouri against the Biden Administration’s unlawful attempts to terminate the extremely successful Migrant Protection Protocols (“MPP”)—a program that required illegal aliens to wait in Mexico for their immigration court hearings instead of being released into the interior of the United States.

Shortly after oral arguments were held in the case, on May 2, 2022, the Court asked the parties to file supplemental briefs addressing specific jurisdictional issues.

Concerned about the merits of this important case and the potential that the Biden Administration will urge the Court to toss the case entirely, America First Legal timely filed its second amicus brief, arguing that there is no legal impediment to holding the Biden Administration accountable in this case. In short, while Congress did intend to stop illegal aliens from using the federal courts to destroy immigration enforcement, Congress did not intend to strip federal courts of the authority to hold the executive branch accountable for faithfully executing the laws. 

Statement from America First Legal President, Stephen Miller

As the nation’s leading legal nonprofit battling for American Sovereignty we are proud to filing this brief in our continued effort to end Biden’s open borders madness plaguing our nation. We will not rest in this righteous crusade. Fighting to uphold MPP is a crucial element of America First Legal’s battle for border security,” Stephen Miller said.

Read the Amicus Brief here.

To schedule an engagement with America First Legal, please email [email protected].