Subsequent Trump and Court Action(s)

• 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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