Friday evening the attorneys general of Texas and Missouri announced they had just won a huge victory regarding the border in federal court.
Texas Attorney General Ken Paxton announced the victory on Twitter.
Missouri Attorney General Eric Schmitt also posted the win on Twitter.
The two states sued to force the Biden administration to reinstate the Trump administration’s remain-in-Mexico policy. Fox reports:
The ruling by Judge Matthew Kacsmaryk, orders the Biden administration “to enforce and implement MPP in good faith” until it has been “lawfully rescinded” in compliance with the APA, and until the federal government has enough detention capacity to detail all migrants subject to mandatory detention.
MPP was never lawfully rescinded. Biden abrogated it with an executive order on day one of his administration. The federal government will never have enough detention capacity to deal with the surge, at least not without spending billions to build camps that would look like an awful relic from World War II-era history. July alone saw more than 200,000 apprehensions at the border, and in total, well over 1 million have been apprehended since the surge began in January 2021. If they were all held in one place, that number exceeds the entire population of Austin, Texas — and of Biden’s own home state of Delaware. It would be the 10th largest city in the United States and it would grow every single day. The migrants are not being held in one place. They are being shipped all over the country, and released, most without any COVID testing.
As PJM has reported throughout the week, the border crisis has become so severe that at least one Texas city, Laredo, is shipping migrants to Austin, Houston, and other cities without even testing them for COVID. A local Austin TV station reports that the Texas capital is seeing busloads of those illegal migrants turn up, but does not have a plan for dealing with them beyond seeing that they’re shipped elsewhere. This is going on every day, and some are being shipped to other states; Missouri likely had standing in this case because some are being shipped there.
Judge Kacsmaryk stayed the ruling for a week pending any Biden administration appeals.
One question that stands now is whether the Biden administration will appeal the border ruling or just ignore it. When the United States Supreme Court ruled against Biden’s eviction moratorium, he went ahead with it anyway.
“Congratulations on your victory in federal court,” Biden and his inner circle may be saying with a smile from vacation, “now let’s see you enforce it.” How many armies and law enforcement agencies does one federal judge have at his disposal to implement this ruling on the border?