About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (March 13, 2020)

handle is hein.crs/goveavl0001 and id is 1 raw text is: Congressional ______ * Research Service a Supreme Court Grants Stay in MPP Case March 13, 2020 On March 11, 2020, the Supreme Court issued an order in Wolf v. Innovation Law Lab allowing the Trump Administration to continue enforcing its Migrant Protection Protocols (MPP)-also known as the Remain in Mexico policy-while litigation concerning the policy's legality continues. Under the MPP, Customs and Border Protection (CBP), a component of the Department of Homeland Security (DHS), may require many non-U.S. nationals (aliens) who arrive at the southern border seeking asylum or related protections to wait in Mexico while U.S. immigration courts process their cases. DHS first announced the policy in December 2018 and began implementation in January 2019. As of early March, CBP had returned some 60,000 aliens to Mexico under the MPP and an estimated 25,000 of them were still in Mexico pending ongoing removal proceedings in U.S. immigration court, according to a DHS court filing. The MPP does not apply to Mexican nationals, unaccompanied alien children, and certain other groups specified in CBP guidance. CBP also appears to exclude some other populations from the program, such as aliens from non-Spanish speaking countries other than Brazil and, reportedly, aliens who the agency believes are at greater risk of harm in Mexico on account of their sexual orientation or gender identity. But these limitations do not appear to be set forth in any centralized, written guidance document that is publicly available. The Supreme Court order in Innovation Law Lab caps a series of lower court orders in the ongoing MPP litigation. In April 2019, a federal district court judge in California ruled that the policy was likely illegal on the grounds that it violated the Immigration and Nationality Act (INA) and failed to include adequate safeguards against returning aliens to Mexico who would face persecution or torture there. The district court issued a preliminary injunction that would have blocked the policy pending further proceedings, but a panel of the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) intervened before the order took effect, allowing the policy to continue pending further Ninth Circuit review. Another panel of the Ninth Circuit ultimately affirmed the preliminary injunction on February 28, 2020 and issued a related order that would have blocked the MPP in California and Arizona beginning on March 12, 2020. The Supreme Court's March 11, 2020 order, however, granted the government a stay of the preliminary injunction that prevented that Ninth Circuit order from taking effect. The stay will remain in place until the Supreme Court resolves the government's appeal from the Ninth Circuit proceedings, which will likely take at least a year. Congressional Research Service https://crsreports. congress.gov LSB10420 CRS Legal Sidebar Prepared for Members and Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most