Biden v. Texas is a case before the United States Supreme Court concerning the Administrative Procedure Act and the constraints that federal immigration laws insist on executive policy discretion. The case involves whether the United States Department of Homeland Security dismissed the Migrant Protection Protocols program in accordance with federal immigration law and the Administrative Procedure Act. In December 2018, the United States Department of Homeland Security established the Migrant Protection Protocols. DHS has decided to end the Migrant Protection Protocols program on June 1, 2021. Texas and Missouri filed a lawsuit, claiming that the program’s execution violated federal immigration law and the Administrative Procedure Act. The states won in a district court and the 5th Circuit. Also, Because the Department of Homeland Security lacks the capacity to detain all inadmissible noncitizens it confronts, the case involves whether federal immigration law requires the Biden administration to uphold a program that returns certain noncitizens to Mexico during their immigration proceedings. (Ballotpedia 2022)
I believe that Migrant Protection Protocols must continue to be implemented by the Department of Homeland Security. The appeal is pending adjudication before the U.S. Supreme Court. Also, On June 1, 2021, Department of Homeland Security made the determination to end the Migrant Protection Protocols program. Texas and Missouri filed a lawsuit, claiming that the decision to stop the program was unlawful under the Administrative Procedure Act and federal immigration law. The Fifth Circuit of the United States Court of Appeals rejected the Biden administration’s argument. The district court decision that Department of Homeland Security violated the Administrative Procedure Act and immigration law in the way it tried to terminate the Migrant Protection Protocols program was advocated, and the court determined that the new memorandum had no current legal effect. Finally, The U.S. Supreme Court received an appeal from the Biden administration and still pending. (Ballotpedia 2022)
Work Cite
“Biden v. Texas.” Ballotpedia, Ballot Pedia, ballotpedia.org/Biden_v._Texas#:%7E:text=The%20issue%3A%20The%20case%20concerns,all%20the%20inadmissible%20noncitizens%20it. Accessed 24 June 2022.
