Subsequent Trump-Era and Court Action(s)

• April 1, 2020

  DHS EOIR postpone MPP hearings until May 1 2020

  DHS/EOIR issue a statement extending the temporary posponement of MPP hearings through May 1, 2020.

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• May 10, 2020

  DHS and EOIR statement on rescheduling of MPP hearings

  On May 10, 2020, DHS and EOIR issue a joint statement extending the temporary postponement of MPP hearings through June 19, 2020.

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• June 16, 2020

  Joint DHS/EOIR Statement on MPP Rescheduling

  On June 16, 2020, DHS and EOIR issue a joint statement extending the temporary postponement of MPP hearings through July 17, 2020. DHS and EOIR anticipate the resumption of hearings on July 20, 2020, so long as public health and safety indicators support hearing reinstatement at that time.

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• July 17, 2020

  Department of Homeland Security and Department of Justice Announce Plan to Restart MPP Hearings

  On July 17, 2020, DHS and DOJ announce a plan to restart MPP hearings.

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• August 13, 2021

  2021.08.13 Texas v. Biden, Case No. 2-21-cv-00067-Z (N.D. Texas, Aug. 13, 2021)

  On August 13, 2021, Judge Matthew J. Kacsmaryk of the Northern District of Texas, Amarillo Division, enjoined the June 1, 2021, DHS memo that terminated MPP, requiring the Biden administration to re-start MPP with monthly status reports to the court. The injunction was nationwide and the Fifth Circuit declined to stay it on August 19, 2021. On August 24, 2021, the Supreme Court denied the government's motion for an emergency stay.

  ** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• June 30, 2022

  2022.06.30 21-954 Biden v. Texas

  On June 30, 2022, the Supreme Court issued Biden v. Texas, reversing the Fifth Circuit and remanding the case. The Court held that the district court erred in issuing an injunction, that rescinding the MPP program did not violate the INA, and that the Biden administration's October 2021 memo rescinding the program for a second time was final agency action that the district court should have reviewed. The case was remanded for further proceedings under the Administrative Procedure Act.

  ** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• August 8, 2022

  2022.08.08 Texas v. Biden NDTX order vacating injunction

  On August 8, 2022, the Northern District of Texas vacated its 2021 injunction ordering MPP's reimplementation. The injunction was vacated in accordance with the Supreme Court's June 30, 2022 decision in Biden v. Texas.

  ** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• December 15, 2022

  Texas v. Biden NDTX order staying the termination of MPP

  On December 15, 2022, the Northern District of Texas granted the plaintiff states' motion to stay the October 29, 2021, memorandum terminating MPP, and the corresponding decision to terminate MPP pending resolution of the claims.

  ** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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