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DHS issues supplemental guidance for "additional improvement" of MPP

  1. Date Announced

    Dec. 7, 2020

    DHS issues supplemental policy guidance on MPP. The guidance, which does not replace previous guidance, provides additional information on counsel participation in non-refoulement assessments (where it does not delay the interview), appeals processes, the treatment of family units, including mixed-nationality family units, the treatment of unaccompanied minors, exemptions from MPP for medical and mental health reasons, the use of restraints when transporting migrants, and interagency collaboration. [ID # 1230]

    View Policy Document
  2. Effective Date of Change

    Dec. 7, 2020
  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.**

    Ninth Circuit--Innovation Law Lab v. Wolf

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