JEFFERSON CITY, Mo. – Missouri Attorney General Eric Schmitt announced Monday that the 5th Circuit Court of Appeals has denied the Department of Justice’s request to stay Missouri’s lawsuit over the cancellation of the “Remain in Mexico” policy pending administrative review.
“Earlier this year, my Office sued the Biden Administration and won at the district court, the 5th Circuit Court of Appeals, and the United States Supreme Court, requiring the Biden Administration to re-implement the successful ‘Remain in Mexico’ Policy. Today, we handed the Biden Administration another loss in court, and our case will move forward despite the Department of Justice’s attempts to delay and derail this case,” said Attorney General Schmitt. “While the border crisis continues to surge, my Office has taken concrete action to secure the border and remove incentives that are being exploited by human traffickers and smugglers, and we will continue to take action to preserve national security where the Biden Administration won’t.”
In April, Missouri Attorney General Eric Schmitt and Texas Attorney General Ken Paxton filed suit against the Biden Administration over their cancellation of the “Remain in Mexico” policy.
In August, the district court in Texas issued a nationwide permanent injunction, requiring the Biden Administration to re-implement the program. The Office then prevailed at the 5th Circuit Court of Appeals and the United States Supreme Court as both courts denied the Department of Justice’s request for a stay pending appeal.
Recently, as the Haitian border crisis continues to deteriorate, the Office filed a motion to enforce the permanent injunction, arguing the Biden Administration has not been re-implementing the program in good faith.
On Monday, the 5th Circuit Court of Appeals again sided with the Missouri Attorney General’s Office and denied the Department of Justice’s request to stay this case pending administrative review.
The order can be found here: https://ago.mo.gov/docs/default-source/press-releases/5th-cir-op-denying-abeyance.pdf?sfvrsn=6527b2de_2