Posted on April 21, 2022

New Figures Show Biden Administration Thumbing Nose at Courts Over Remain in Mexico Policy

John Solomon, Just The News, April 20, 2022

The Biden administration has been repeatedly ordered by courts to continue enforcing the Trump-era Remain in Mexico policy for illegal migrants, but its own records show it has willfully thumbed its nose at those rulings as it waits for a final crack at the Supreme Court.

U.S. Customs and Border Protection agency data reviewed by Just the News shows just 199 of the 221,303 illegal aliens stopped by federal agents in March were placed into the Migrant Protection Protocol (MPP), the formal name of the Remain in Mexico policy.


That amounts to a miniscule 0.09% of participation in MPP, an enforcement percentage border experts say makes a mockery of the courts’ orders.

“They only enrolled a couple hundred in the Remain in Mexico while they apprehended 221,000,” former CBP Commissioner Mark Morgan told Just the News on Monday. He added that the Biden administration, even when it enforces the regulation, is not applying it to the loophole it was designed to close: migrant groups posing as fake family units.


Both federal district and appeals judges have ordered the administration to keep enforcing the policy as a larger legal challenge is considered by the U.S. Supreme Court. Even the nation’s nine justices refused to impose an injunction blocking the policy while they considered the case.

Texas Attorney General Ken Paxton, whose initial lawsuit led to the rulings, said the Biden administration’s March performance is proof it is ignoring the courts’ authority.


The Supreme Court once before upheld the legality of the Remain in Mexico policy under Trump. Arguments are slated for next Tuesday, and a ruling is expected by the end of June.

If the high court upholds the regulation again, the nation could face a constitutional crisis if Biden refuses to follow the justices’ instructions, Paxton said.