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Sen. Menéndez urges Biden not to expand 'Remain in Mexico' policy beyond court order

The NJ Senator says he is "deeply concerned" Biden is expanding an "inhumane policy and implementing the court's order before critical safeguards are in place"

December 2, 2021 7:14pm

Updated: December 2, 2021 9:24pm

Senator Bob Menéndez urged the Biden Administration to revoke the “inhumane” Remain in Mexico policy, after a court ordered to reinstate the measure.

“While I understand the Administration is resuming the Remain in Mexico policy to comply with a court order, I am deeply concerned that they are overseeing an expansion of this inhumane policy and implementing the court's order before critical safeguards are in place, said Senator Bob Menéndez in a statement.

The Biden administration plans to reinstate the Trump-era Migrant Protection Protocol program (MPP), known as the Remain in Mexico policy. The policy forces asylum seeks to wait for their cases to be processed in Mexico.

“By adding new nationalities to this policy, applying Remain-in-Mexico border-wide, and limiting access to counsel to a mere 24-hours before individuals and entire families are returned to Mexico, the Administration is going far beyond a good-faith implementation of the court’s order,” said Menéndez. “180-days in Mexico is too long for a vulnerable asylum seeker to be subjected to this dangerous policy.” 

One of Biden’s first actions after becoming president was to rescind the policy, claiming it was an “unjustifiable human cost.” Last week, however, a Texas judge issued an order to reinstate the policy at least until it can be “lawfully rescinded” or until authorities can detain asylum seekers that are entering the U.S. The Supreme Court refused to block this order.

Despite the program being almost the same as its precursor, the Biden administration seeks to focus on living conditions for asylum seekers. The U.S. will coordinate housing for asylum seekers in border cities, will ensure safety in the region, and provide transportation, according to a Department of Homeland Security official.

“We have a moral obligation to do everything possible to swiftly and permanently discard this policy, along with the many other remaining Trump-era policies that were willfully designed to deter immigrants with cruelty. We cannot externalize our asylum system and abandon our obligations as a beacon of hope and opportunity,” said the Senator.