Subsequent Trump and Court Action(s)

• January 21, 2025

  2025.01.21 DHS Reinstates Migrant Protection Protocols

  DHS announced that Acting DHS Secretary Benjamine Huffman is "immediately" reinstating the Migrant Protection Protocols (MPP) ("Remain in Mexico"), noting that "[t]he situation at the border has changed and the facts on the ground are favorable to resuming implementation of the 2019 MPP Policy."

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• January 27, 2025

  2025.01.27 EOIR PM 25-05

  EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-05 rescinding and cancelling Biden-era PM 21-26, which provided guidance to immigration judges and the Board of Immigration Appeals on adjudicating Motions to Reopen for respondents who had been placed in the Migrant Protection Protocols (MPP). PM 25-05 states that PM 21-26 "no longer accurately represents the policy of the Executive Branch, including DHS and DOJ," after DHS resumed MPP on January 21, 2025, in response to the directive in President Trump's "Securing Our Borders" EO.

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• January 31, 2025

  2025.01.31 Joint Brief on Reinstatement of Migrant Protection Protocols - Texas v. Biden

  In light of MPP's reinstatement, the parties in Texas v. Biden filed a joint brief requesting "the court hold this case in abeyance for 180 days while incoming leadership" at DHS "assess[] this case and how to proceed." Notably, this filing represents to the court that MPP will "be operational" within 180 days. Texas v. Biden, No. 2:21-cv-00067-Z (N.D. Tex.).

  Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker.

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• February 11, 2025

  2025.02.11 Complaint - Immigrant Defenders Law Center v. Kristi Noem

  Plaintiff Immigrant Defenders Law Center filed an emergency motion to stay reimplementation of the 2019 Migrant Protection Protocols pending the lawsuit's conclusion. The case challenges unlawful implementation of the 2019 policy, which the Trump administration says has "immediately" resumed. Immigrant Defenders Law Center v. Kristi Noem, 2:20-cv-09893-JGB-SHK (C.D. Cal.).

  **see litigation note above**

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• April 16, 2025

  2025.04.16 Order Granting Emergency Motion for a Stay of Reimplementation of MPP - Immigrant Defenders Law Center, et al. v. Kristi Noem, et al.

  The U.S. District Court for Central District of California granted plaintiff's motion to stay MPP's reimplementation pending the lawsuit's conclusion. The court found that the policy likely infringes upon the legal rights of asylum seekers and obstructs access to legal representation. Specifically, the court noted that over 90% of individuals subjected to MPP lacked legal counsel and that the policy impeded organizations like ImmDef from effectively communicating with and advising their clients.​ Immigrant Defenders Law Center v. Kristi Noem, 2:20-cv-09893-JGB-SHK (C.D. Cal.).

  Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker.

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• April 25, 2025

  2025.04.025_Federal Register, Notice of Availability of a Draft PEA for MPP

  The Department of Homeland Security (DHS) announced the availability of the Draft Programmatic Environmental Assessment (PEA) and Draft Finding of No Significant Impact (FONSI) for the proposed resumption of the Migrant Protection Protocols (MPP) Program as directed by EO 14165 "Securing Our Borders ."

  The Draft PEA is supposed to evaluate "the potential environmental, cultural, socioeconomic, and physical impacts" associated with the resumption of MPP. The assessment will also "provide programmatic-level recommendations for [Best Management Practices] BMPs to avoid or minimize impacts on the environment[.]" DHS notes that MPP program activities "that could occur during the operational phases of the program, such as new construction of temporary facilities to support immigration proceedings, would still require review on a project-specific basis."

  Public comments on the draft PEA and FONSI will be accepted until May 27, 2025.

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