Texas Attorney General Ken Paxton says the U.S. Supreme Court "wrongly decided" Thursday's ruling that reverses the police requiring asylum seekers to remain in Mexico as their cases play out. When President Joe Biden ended the policy, Texas and Missouri filed suit.
"Today's decision by the U.S. Supreme Court is an unfortunate one, and I believe it was wrongly decided," Paxton wrote in a statement.
Paxton says he won in district court and an appeal, saying, "today's decision makes the border crisis worse."
Eric Cedillo, an immigration lawyer and professor at SMU says justices found lower courts ruled incorrectly.
"Maybe surprising is Kavanaugh and Chief Justice Roberts actually wrote the opinion," he says. "That is a little surprising because of their position, but I did believe the initial judge probably found it wrong from the beginning in terms of what he was stating his opinion on."
Cedillo says the Supreme Court ruling combined with the death of dozens of migrants in San Antonio could prompt Congress to move forward with immigration reform.
"The situation, without Congressional movement with respect to the purse strings, with respect to the budget, I think this will be a continuing problem for the federal government."
Governor Greg Abbott says the decision "will only embolden the Biden Administration’s open border policies."
"More than fifty people recently died in a trailer—people who were allowed to cross our border illegally because of President Biden’s policies. Reinstating and fully enforcing Remain-in-Mexico would deter thousands more migrants from making that deadly trek, and President Biden should take that simple step to secure the border because it is the only humane thing to do," he wrote in a statement.
Justices did send an issue back to lower courts to determine if any administrative rules were broken by ending the protocol through a memo.
"The closer question, I think, was the Administrative Procedures Act was going to be allowed to continue," Cedillilo says. "The Supreme Court came back and said the October 29 memo was sufficient to create a final agency action."
Paxton says he has a dozen other immigration lawsuits in court now.
"Today's decision makes the border crisis worse. But it's not the end. I'll keep pressing forward and focus on securing the border and keeping our communities safe in the dozen other immigration suits I'm litigating in court," he says.
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