Rep. Roy leads 24 colleagues in demanding Mayorkas obey SCOTUS and reinstate ‘Remain in Mexico’ policy

August 27, 2021

WASHINGTON— On Wednesday, following the United States Supreme Court's decision to uphold Judge Matt Kacsmaryk's order to continue the Trump administration's Migrant Protection Protocols (otherwise known as "Remain in Mexico"), Rep. Chip Roy (TX-21) led several of his House colleagues in a letter to Secretary Alejandro Mayorkas to ensure swift and faithful reinstatement of the policy.

"Rather than fighting MPP in court, as well as failing to fully utilize Title 42 to protect the United States from communicable disease— two policies that were clearly effective when carried out by the previous administration and would be critical to stemming the flow of people and narcotics fueling the present border crisis — we request that you simply embrace effective policies to secure and control the border," the letter reads.

Co-signers include: Reps. Warren Davidson (OH-08), Clay Higgins (LA-03), Tom McClintock (CA-04), Elise Stefani (NY-21), Andy Biggs (AZ-05), Ann Wagner (MO-02), Andrew Clyde (GA-09), Yvette Herrell (NM-02), W. Gregory Steube (FL-17), Matthew Rosendale (MT-AL), Sr., Scott Perry (PA-04), Bill Posey (FL-08), Mary Miller (IL-15), Debbie Lesko (AZ-08), Ted Budd (NC-13), Dan Bishop (NC-09), Jody Hice (GA-10), Bob Good (VA-05), Barry Moore (AL-02), Randy Weber (TX-14), Marjorie Taylor Greene (GA-14), Michael Cloud (TX-27), Mark E. Green, M.D. (TN-07), and Lauren Boebert (CO-03).

Full text of the letter is available here and below:

The Honorable Alejandro Mayorkas

Secretary

Department of Homeland Security

Washington, DC 20528

Secretary Mayorkas,

In light of the denial by the United States Supreme Court of an application to stay the nationwide injunction ordered by Judge Matt Kacsmaryk (NDTX) against enforcing or implementing the June 1st Memorandum issued by your office, we respectfully request that, per the judge's order, you "enforce and implement [the Migrant Protection Protocol] in good faith."

To accomplish this objective, we ask that you:

Begin enrolling people in MPP without releasing those encountered into the interior of the United States;
Coordinate with Mexico to begin accepting MPP enrollees in key sectors along the border, including the Rio Grande Valley, Tucson, Laredo, Del Rio, and the other sectors overwhelmed;
Stop releasing aliens previously enrolled in MPP, which we understand you have released over 13,000 to date;
Make every effort to locate those previously enrolled in MPP that you've released and place them back into MPP and remove them to Mexico; and
Establish Immigration Hearing Facilities (IHF) at the border with a timeline to begin hearings no later than 60 days from receipt of this letter.

Further, per the order issued by Judge Kacsmaryk, we respectfully request that you provide to the House Judiciary Committee, the House Committee on Homeland Security, and the signatories of this letter the same information he requested, starting September 15th, 2021:

The total monthly number of encounters at the southwest border;
The total monthly number of aliens expelled under Title 42, Section 1225, or under any other statute;
Defendants' total detention capacity as well as current usage rate;
The total monthly number of "applicants for admission" under Section 1225;
The total monthly number of "applicants for admission" under Section 1225 paroled into the United States; and
The total monthly number of "applicants for admission" under Section 1225 released into the United States, paroled or otherwise.

Further, in addition to being copied on the information owed to Judge Kacsmaryk, we request that you provide the total number of arrests and removals ICE has executed on a monthly basis this fiscal year. Additionally, we request that you provide the total number of aliens on a monthly basis since January 20, 2021 that received a removal order and how many of those aliens showed up to Immigration and Customs Enforcement (ICE) offices under their order? We also request you provide the number of aliens that have been released into the interior on a monthly basis since January 20, 2021, and of those released, how many aliens received a notice to appear (NTA), and how many aliens who received an NTA showed up to an immigration judge?

Finally, while we are advised of your public position that you intend to take steps to comply with this order, it is imperative you comply earnestly and immediately. Rather than fighting MPP in court, as well as failing to fully utilize Title 42 to protect the United States from communicable disease— two policies that were clearly effective when carried out by the previous administration and would be critical to stemming the flow of people and narcotics fueling the present border crisis — we request that you simply embrace effective policies to secure and control the border.

Sincerely,

Chip Roy

Member of Congress

Warren Davidson

Member of Congress

Clay Higgins

Member of Congress

Tom McClintock

Member of Congress

Elise Stefanik

Member of Congress

Andy Biggs

Member of Congress

Ann Wagner

Member of Congress

Andrew Clyde

Member of Congress

Yvette Herrell

Member of Congress

W. Gregory Steube

Member of Congress

Matthew Rosendale, Sr.

Member of Congress

Scott Perry

Member of Congress

Bill Posey

Member of Congress

Mary Miller

Member of Congress

Debbie Lesko

Member of Congress

Ted Budd

Member of Congress

Dan Bishop

Member of Congress

Jody Hice

Member of Congress

Bob Good

Member of Congress

Barry Moore

Member of Congress

Randy Weber

Member of Congress

Marjorie Taylor Greene

Member of Congress

Michael Cloud

Member of Congress

Mark E. Green, M.D.

Member of Congress

Lauren Boebert

Member of Congress

###