In a move that would be unthinkable on election night 2020 (November 4, 2020) the Biden Administration has returned the Trump era Remain In Mexico policy as law. After President Biden took office he suspended (and then later terminated) the Remain In Mexico program.
Many will note that the program is now returning due a decision made by the U.S. Judiciary. Specifically, it was brought on by a Federal Judge named Matthew Kacsmaryk (Northern District of Texas) who ruled that the program had been cancelled. Of course, Judge Kacsmaryk is a Trump appointee.
While it would seem this is the end of the story, that the program is back in place due to the Judicial Branch of government, that is not the case. A closer look shows that the Biden Administration decided to utilize the ruling to help them handle the border crisis in a more distinct, aggressive manner than even the Trump Administration had.
Under the Trump era version of Remain In Mexico, the law specifically applied to Spanish-speaking persons (that is short-hand for Mexicans and Central Americans) but now the program has been expanded to any refugee (unauthorized immigrant) that arrives on the southern border. Now the program includes the Haitian immigrants, as well as any North African migrants. The expanded program also now includes Brazilians (Portuguese speakers) into the program.
While the Trump Administration allowed for these people ranging from Haitians to Algerians to Brazilians to enter the United States, through the normal process of submitting an application to be considered a refugee - now all persons along the southern border will be treated the same. That is, kept on the Mexican side of the border in disorganized, poorly managed camps filled with a variety of dangers.
There are many organizations that do not agree with the decision and these are historically allies to Joe Biden, including the ACLU and a number of immigrant right's organizations.
The ACLU quickly published a response to the Administration's announcement and said "horrific abuse, including torture, rape, and death" - which on the surface may sound over the top, but in fact it's a true statement, particularly the last two elements, rape and death. It is a well documented fact that migrants are often subject to sexual abuse and many others are killed, often after being pressed into service by criminal organizations.
The fact that the Biden Administration claimed they would bring back the law and operate it in a "more humane manner" did not fool anyone. No one truly believes that the goals of maintaining humanity and dignity will be achieved by continuing (and most likely enlarging) the squalid camps that host a massive degree of suffering. The fact that the current administration will not operate with the scorn and derision that Trump supplied is of no benefit to those suffering. The 'bigger heart' of the current admin versus Trump does nothing for people who are afraid, hungry and abandoned by the world.
Meanwhile, those would fight tooth and nail to have Joe Biden not be president in 2024 were happy for the outcome. The Texas AG Ken Paxton (Republican) called the reinstated law as a "huge win" which for the Republican Party it has been.
Thanks to the assistance of the many Republican appointed Federal Justices the Republican Party can score substantial wins even without Trump in power.
The key here is that with all the other news in the world (Omicron, supply chain debacles, rapidly growing inflation) the story of the southern border is going to fade out in 2022. With the majority of migrants forced into a broad, unseen landscape the issue (and the problem for the Democratic Party) will largely vanish. There will not be many news items on the migrants because they will not be seen or heard. Out of sight, out of the news, out of mind.
And this is probably the plan, as the Democrats look to hold onto a thin power in the 2022 elections. But there is a decent chance that this mean-spirited decision will backfire, as there will be many angry voters who will remember that when the moment came the Biden Admin just pushed another problem to the back of the room and wished for it to just go away.