AFN recently reported that by a narrow 5-4 margin, the Supreme Court has ruled that the Biden administration can repeal the Trump administration's Migrant Protection Protocols -- commonly known as the "Remain in Mexico" policy -- reversing a ruling by the Fifth U.S. Circuit Court of Appeals. The policy required migrants seeking entry into the United States to wait in Mexico until they are granted a hearing.
During a recent appearance on American Family Radio, Chris Chmielenski, deputy director at Numbers USA, said the decision is not quite as bad as some are making it out to be.
"The Supreme Court only ruled on the temporary injunction, essentially lifting the injunction and saying, 'For now, the Biden administration can stop the Remain in Mexico program, but the challenge can still be heard in the lower court,'" Chmielenski said. "So it's still yet to be determined, and the merits of the case may dictate that the Biden administration can't terminate the program, and we're back to where we were in the first place, which would be a good thing having Remain in Mexico back in place."
According to Chmielenski, the existing federal law about would-be migrants is very clear.
"We do have these large numbers of people who are crossing the border illegally, and the law does clearly say that if you cross the border illegally but put in a defensive claim and asylum, then you have to be detained by the federal government or sent back to the country that you came from until your asylum case can be heard," he cites. "So the Remain in Mexico policy actually somewhat follows federal laws."
So if the Biden administration continues to release these migrants into the interior of the country, then Chmielenski reasons they are breaking federal law.