U.S. Court of Appeals for the Fifth Circuit Delivers Resounding Defeat to Biden Administration, Significant Victory for Texas and Missouri: Denies Administration’s Lawless Attempt to Terminate Remain in Mexico Policy

Tuesday, December 14, 2021

WASHINGTON, DC — Last night, the U.S. Court of Appeals for the Fifth Circuit issued a decision delivering a resounding defeat for the Biden Administration, which had unlawfully attempted to terminate the Migrant Protection Protocols (MPP). Throughout its meticulous, 117-page decision, the Fifth Circuit rightly rejected the Biden Administration’s attempts to knowingly abandon its duties to follow federal law in the border environment.

The Biden Administration has radically turbocharged efforts that have been underway from open-borders advocates for decades, with its efforts to terminate MPP being just one example. The Fifth Circuit’s decision in this case, which resoundingly rejected so many of these efforts to dismantle our national sovereignty and duly-enacted laws passed by Congress, should be mandatory reading for every employee of the Departments of Justice, Homeland Security, State, and every White House employee who works on immigration issues.

America First Legal applauds the State of Texas and the State of Missouri for their work against the Biden Administration’s malicious assault on our Southern border.

Statement from America First Legal President, Stephen Miller: 

I salute Attorney General Paxton and Attorney General Schmitt for this historic win on behalf of American sovereignty and the American citizenry. I was honored to consult with the State of Texas on this landmark case. Now, the Biden Administration— which has shown nothing but seething contempt for the laws of the United States — must be made to at long last comply with the injunction,” Stephen Miller said.

Statement from America First Legal Vice-President and General Counsel, Gene Hamilton: 

For decades, the American people have rightly demanded that their government defend our national sovereignty and secure our borders. But it wasn’t until President Trump’s Administration that meaningful steps were taken to deliver on such a fundamental duty, including through the use of longstanding statutes such as the one recognizing and directing the use of MPP. In pursuit of a reckless, ideologically-driven open-borders agenda, the Biden Administration has systematically moved to undermine all of the progress made during the Trump Administration. Last night’s decision from the Fifth Circuit is an outright and total evisceration of the Biden Administration’s lawless attempts to undue that progress in the border environment. Attorney General Paxton and Attorney General Schmitt have delivered a victory for the rule of law, and it is now imperative that the Administration acts in good faith to follow the law,” Gene Hamilton said.

Read the full decision by the U.S. Court of Appeals for the Fifth Circuit Court here.

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