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DHS issues policy guidance for implementation of Migrant Protection Protocols (MPP)

  1. Date Announced

    Jan. 25, 2019

    DHS's policy guidance details Secretary Nielsen's legal justification for the Migrant Protection Protocols (MPP) under INA section 235(b)(2)(C) categorizing the policy as prosecutorial discretion. MPP allows DHS to return citizens and nationals of countries other than Mexico arriving in the United States by land from Mexico - without inspection or proper documentation - to be returned to Mexico during the pendency of their removal proceedings.

    [ID #371]

    View Policy Document
  2. Effective Date of Change

    Jan. 25, 2019
  3. Subsequent Action

    February 28, 2020

    A federal district court enjoined the MPP policy on Apr. 8, 2019. 9th Circuit stayed the injunction pending appeal, and affirmed the injunction on Feb. 28, 2020. Supreme Court stayed the injunction on Mar. 11, 2020, and granted cert on Oct. 19, 2020. Oral argument is expected in Feb. 2021. See Innovation Law Lab v. Wolf (N.D. Cal. 3:19-cv-00807)(9th Cir. 19-15716)(SCOTUS 19-1212).

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

    Innovation Law Lab v. Wolf--9th Cir. Opinion

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