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August 19, 2021

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Attorney General Marshall Files Brief Opposing Biden Cancellation of Trump’s
“Remain-in-Mexico” Border Policy

(MONTGOMERY) – Attorney General Steve Marshall joined 14 other attorneys general in filing a brief in federal court Wednesday opposing the Biden administration’s unlawful termination of the Trump administration’s successful “Remain-in-Mexico” policy for migrants crossing our nation’s southern border.

“In January 2019, in response to a historic surge of illegal aliens along our southern border, the Trump administration implemented a new policy requiring migrants without legal documentation to remain in Mexico while awaiting U.S. asylum hearings,” said Attorney General Marshall. “Two years later, the incoming Biden administration quickly shelved this beneficial policy, which helped secure our borders, in order to pander to supporters of illegal immigration.

“Until President Trump’s policy – known as the Migrant Protection Protocols (MPP) – was repealed by the Biden administration in January 2021, both the number of illegal aliens at our southern border and those released into our country for later court dates significantly diminished. Not surprisingly, after Biden’s elimination of the ‘Remain-in-Mexico’ policy, America’s border with Mexico has exploded with illegal migrants.

“On August 13, 2021, the U.S. District Court for the Northern District of Texas ruled
against the Biden administration’s illegal halt of the Trump administration’s ‘Remain-in-Mexico’ policy and enjoined the Biden administration from canceling the MPP. On August 17, 2021, Biden’s Department of Justice, however, asked a federal appeals court to stay the district court’s injunction pending an appeal.

“In response, I have joined with my attorneys general colleagues in opposing the Biden administration’s attempt to illegally undo a successful policy which best serves national and state interests.

“Without the ‘Remain-in-Mexico’ policy, thousands of illegal aliens are being paroled in the United States while awaiting the outcome of their removal proceedings. This imposes new, sweeping costs on the states in supporting these parolees – not to mention the thousands who would fail to appear and instead choose to remain in the United States illegally.

“The Biden administration’s hasty removal of the ‘Remain-in-Mexico’ policy not only undermines America’s security, but also defies legal guidelines for changing federal policy, including providing alternative policies and considering the impact on states.”

Attorney General Marshall joined attorneys general from Arizona, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Ohio, Oklahoma, South Carolina, and West Virginia in filing the amicus brief.

The attorneys general brief can be read here.

[For links, click PDF icon at upper right of press release]