https://www.nationalreview.com/2022/04/with-biden-reckless-and-congress-awol-will-the-supreme-court-save-remain-in-mexico/
Don’t count on it.
‘I guess I’m just wondering why that’s our problem.”
Chief Justice John Roberts was asking why the catastrophe at the southern border, which is clearly the nation’s problem, should be the Supreme Court’s problem. The catastrophe results from the hash the political branches have made of things. Since they caused the problem, and they alone have the wherewithal — if not the will — to address it, Roberts was grousing about the problem’s arrival at the doorstep of the judiciary, the branch least equipped to solve it.
But isn’t that always the way it is with a catastrophe? There are many good questions about how we got into this fine mess. What eludes us is how we get out of it.
The occasion for the chief justice’s musings was oral argument this week in Biden v. Texas. In its mulish determination to cancel all Trump policies, for no better reason than that they were Trump policies and regardless of how beneficial they were, the Biden administration has endeavored to undo “Remain in Mexico.”
That is the popular name for what is formally known as the “Migrant Protection Protocols.” These comprise a procedure, worked out after tough negotiations with the Mexican government, whereby aliens seeking to enter the United States without authorization are permitted to remain in Mexico while awaiting their hearings.
The illegal aliens at issue, who are now arriving at our border at a breathtaking, sovereignty-destroying rate of over 200,000 per month (221,000 last month), are overwhelmingly excludable. That is, they should be instantly turned away because they have no legal right to enter and no realistic basis to claim asylum. Nonetheless, our law allows even obviously meritless asylum claims to be made by illegal aliens (whom we’re now supposed to call “migrants” based on the nonsensical progressive trope that “no human being is illegal”). Something, therefore, must be done with the “migrants” while they await hearings on their frivolous claims — and those hearings are taking ever longer to schedule because the numbers arriving are ever more daunting, overwhelming the government’s finite resources — which is why what Roberts euphemistically refers to as a “problem” looks more like an invasion (although it is not referred to as such because our betters abide such leaps of language only for insurrection).
Policy-wise, Remain in Mexico has been a home run. It keeps out people who are not entitled to be in the U.S., thus incentivizing use of legal immigration processes. It discourages people in South and Central America (among other places) from making the dangerous trek to our border, since the risk is not worth bearing if there is no realistic expectation of admission. Consequently, the procedure relieves our government of the prohibitively costly burden of detaining and expelling illegal immigrants, or, worse, of dealing with the significant downsides of discharging an ever more massive illegal-alien population into the United States.