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August 25, 2021

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Attorney General Steve Marshall Hails U.S. Supreme Court Order Reinstating
President Trump’s “Remain in Mexico” Border Policy

Court Order a Victory for Alabama and Other States that Supported the Border Control Policy

(MONTGOMERY) – Attorney General Steve Marshall hailed an order by the U.S. Supreme Court late Tuesday night reinstating the successful “Remain-in-Mexico” border policy begun under the Trump administration and abruptly discontinued by President Biden.

“The Supreme Court order reinstating the ‘Remain-in-Mexico’ policy is a win for America’s border security and a stern rebuke to the Biden administration, which from its first day in power has shown a blatant disregard for our nation’s immigration laws and borders. That lawlessness has predictably led to skyrocketing rates of illegal immigration and a crisis on our
southern border,” said Attorney General Marshall.

“One of the most successful efforts of the Trump administration’s strategy to regain control of America’s southern border was its ‘Remain-in-Mexico’ policy, which required migrants without legal documentation to remain in Mexico while awaiting U.S. asylum hearings. This strategy not only served to deter the number of migrants attempting to illegally enter our country, but it also reduced the number of illegal immigrants released into our communities, many of whom fail to show up for their court hearings and remain in our country indefinitely.

“Not surprisingly, the Biden administration halted this successful border-security program on day one. Alabama and a coalition of 14 other states joined Texas and Missouri in successfully blocking the Biden administration’s attempt to illegally halt the policy, and Tuesday’s Supreme Court order assures the ‘Remain-in-Mexico’ policy will be reinstated while the case continues in federal court.”

Earlier this month, 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 continuing to halt it. The Department of Justice subsequently asked a federal appeals court to stay the district court’s injunction pending an appeal. Yesterday, the U.S. Supreme Court denied the Biden administration’s motion for a stay, allowing the “Remain-in-Mexico” policy to be reinstated while the case continues in federal court.

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 amicus briefs before the U.S. Court of Appeals and before the U.S. Supreme Court in this case, in support of President Trump’s “Remain-in-Mexico” policy.

The attorneys general brief filed with the U.S. Court of Appeals for the Fifth Circuit can be read here.
The attorneys general brief filed with the U.S. Supreme Court can be read here.

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