Original Date AnnouncedSeptember 6, 2019
AILA reports that DHS is building massive temporary tent facilities in Laredo and Brownsville that will function as virtual immigration courtrooms for MPP cases, as many of the detailed immigration judges will adjudicate cases via video teleconferencing (VTC). [ID #101]
See Biden administration action below.Policy Brief: DHS and DOJ Are Opening Secretive Port Courts Along the Southern Border
Subsequent Trump-Era and Court Action(s)
March 11, 2020
ACLU | Innovation Law Lab v. Wolf
A federal district court enjoined the MPP policy on Apr. 8, 2019. The Ninth Circuit stayed the injunction pending appeal, and then affirmed the injunction on Feb. 28, 2020. The Supreme Court stayed the injunction on Mar. 11, 2020, and granted certiorari on Oct. 19, 2020. Oral argument was expected in Feb. 2021, but the new administration successfully moved to have the case dismissed as moot. See Innovation Law Lab v. Wolf (N.D. Cal. 3:19-cv-00807)(9th Cir. 19-15716)(SCOTUS 19-1212).View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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 implementing and enforcing MPP with monthly status reports to the court. The case is Texas v. Biden, 2:21-cv-00067-Z. The injunction is nationwide and the Fifth Circuit declined to stay it on August 19, 2021. On August 24, the Supreme Court denied the government's motion for an emergency stay. The Fifth Circuit decision indicated that the government retains the option to parole asylum seekers into the U.S. and is not limited to "return to Mexico or detain" as the district court decision stated.
** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**View Document
Biden Administration Action: Revoked/ReplacedJune 1, 2021
2021.06.01 Termination of the Migrant Protection Protocols Program
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On June 1, 2021, DHS issued a policy memorandum signed by Secretary Alejandro Mayorkas terminating the MPP Program. The memorandum instructs DHS personnel to take the necessary steps to rescind implementing guidance and other policy guidance related to the program.View Document
Biden Administration Action: Approved/RetainedDecember 2, 2021
2021.12.02 Guidance regarding the Court-Ordered Reimplementation of the Migrant Protection Protocols
This Biden administration policy reimplements the Trump-era policy identified in this entry.
On December 2, 2021, referencing the court order to reimplement MPP, DHS provides updated guidance on its good-faith reimplementation of MPP until the district court vacates its injunction. This guidance includes substantive changes to the implementation of MPP made in consultation with the Mexican government.View Document
Current StatusPartially in effectJune 1, 2021
Acted on by Biden AdministrationDecember 2, 2021
Acted on by Biden Administration