Biden Administration Makes 2nd Attempt to End Trump-Era ‘Remain in Mexico’ Migrant Policy Despite Border Surge
A Haitian immigrant feeds her child while staying at a large migrant camp at the U.S.-Mexico border on September 21, 2021 in Del Rio, Texas. John Moore/Getty Images

The Biden administration announced Friday its second attempt to end the Trump-era "Remain in Mexico" migrant policy despite acknowledging that it "likely" helped reduce illegal immigration.

The "Remain in Mexico" policy, formally called the Migrant Protection Protocols (MPP), forces people to wait in Mexico while seeking asylum in the United States.

It was suspended at the start of President Joe Biden's term and formally terminated on June 1 by Department of Homeland Security (DHS) Secretary Alejandro Mayorkas, New York Post reported.

However, Texas-based US District Judge Matthew Kacsmaryk ordered in August that the migrant policy be reinstated. The Supreme Court also rejected the administration's request to block the judge's order after a few days.

DHS Issues Memo to End 'Trump-Era' Migrant Policy

In a memo issued to the heads of DHS' immigration agencies Friday, Alejandro Mayorkas said he has determined that the "Remain in Mexico" policy should be terminated after "carefully considering the arguments, evidence, and perspectives" presented by those who support the program's re-implementation, termination, and continuation in a modified form.

"I recognize that MPP likely contributed to reduced migratory flows. But it did so by imposing substantial and unjustifiable human costs on the individuals who were exposed to harm while waiting in Mexico," Mayorkas noted.

The DHS secretary also said that the MPP prevents the ability of the Biden administration to implement "critically needed and foundational changes" on the immigration system. He added that the MPP also fails to provide the "fair process and humanitarian protections that all persons deserve."

According to Mayorkas, the government of Mexico has already said it will no longer accept migrants that return to Mexico under MPP unless "substantial improvements" are made to the program.

"I have concluded that there are inherent problems with the program that no amount of resources can sufficiently fix," the DHS Secretary said.

Mayorkas noted the said improvements would cost the Biden administration to pull out resources and personnel away from other "productive efforts" to address transnational criminal and smuggling networks and root causes of migration.

Mayorkas then said that the Biden administration is pursuing several policies that "disincentivize irregular migration while incentivizing safe, orderly, and humane pathways."

"Once fully implemented, I believe these policies will address migratory flows as effectively, in fact more effectively, while holding true to our nation's values," the DHS Secretary added.

President Joe Biden on the Trump-Era 'Remain in Mexico' Migrant Policy

On his first day in office, Joe Biden ended the "Remain in Mexico" policy, calling the mandate "inhumane" due to the violence migrants faced while waiting in Mexico for their cases to be heard in U.S. immigration courts.

According to CNBC, migrants subject to the MPP often waited months, if not years, to see an immigration judge. Human Rights First said migrants faced threats of extortion, kidnapping, and sexual assault while waiting in Mexico.

Missouri is one of the two states that sued the Biden administration over ending the Trump-era migrant policy. Missouri has filed the case in a federal court in Texas that issued a nationwide permanent injunction in August, reversing Biden's cancellation of the MPP and requiring the administration to re-implement the program.

In his memo on Friday, Mayorkas said the Biden administration would continue complying with the Texas judge's order until "as soon as practicable after a final judicial decision to vacate the Texas injunction."

New York Post reported that the Fifth Circuit Court of Appeals is set to hear arguments on Tuesday in a lawsuit filed by Texas and Missouri challenging the order to end the "Remain in Mexico" policy.

The Biden administration is expected to ask that the case be returned to Texas-based U.S. District Judge Matthew Kacsmaryk, who ordered to revive the Trump-era migrant policy.

This article is owned by Latin Post.

Written by: Joshua Summers

WATCH: How The 'Remain In Mexico' Policy Impacts Migrants - From NBC News