Whatever fight there may have been between “open borders” and “law and order” factions in the Biden administration, the open borders faction has now definitively won.
Back in August, after a federal court in Texas ruled that the Department of Homeland Security failed to properly follow the Administrative Procedures Act when it ended former President Donald Trump’s Migrant Protection Protocols, there was reportedly a faction in the White House pushing to use the court’s ruling as an excuse to turn away from President Joe Biden’s open borders policies and instead attempt a “gentler” version of Trump’s successful border security program:
Today, Secretary of Homeland Security Alejandro Mayorkas crushed any chance the law and order faction had of re-implementing MPP by issuing a four-page memo specifically designed to address the APA issues raised by the federal court.
“I also examined considerations that the District Court determined were insufficiently addressed in the June 1 memo, including claims that MPP discouraged unlawful border crossings, decreased the filing of non-meritorious asylum claims, and facilitated more timely relief for asylum seekers, as well as predictions that termination of MPP would lead to a border surge, cause the Department to fail to comply with alleged detention obligations under the Immigration and Nationality Act, impose undue costs on states, and put a strain on U.S.-Mexico relations,” the memo reads.
“I have determined that MPP should be terminated. In reaching this conclusion, 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,” the memo continues.
Mayorkas completely fails to acknowledge all the unjustifiable human costs inflicted on migrants by drug cartels thanks to the border crisis caused by Biden’s open borders policies, but this conclusory memo will probably be enough to satisfy the federal court.

