Original Date Announced

USCIS issues guidance for implementing the Migrant Protection Protocols (MPP). According to the guidance, USCIS asylum officers should only interview those individuals referred by DHS immigration officers to assess whether it is "more likely than not" that the individual would be persecuted or tortured in Mexico. The memo states that individuals will not be granted access to counsel in preliminary interviews before being returned to Mexico. Mexican nationals and unaccompanied minors are not subject to MPP.

[ID #67]

Subsequent Trump and Court Action

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

A federal district court enjoined the MPP policy on April 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. See Innovation Law Lab v. Wolf (N.D. Cal. 3:19-cv-00807) (9th Cir. 19-15716) (SCOTUS 19-1212). On Feb. 3, 2021, the Court cancelled oral argument at the Biden administration's request and subsequently dismissed the case as moot.

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

Subsequent Trump and Court Action

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 Biden administration's June 1, 2021, memo terminating MPP, requiring the Biden administration to re-start MPP with monthly status reports to the court. The injunction was nationwide and stayed for one week for the Biden administration to appeal.

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

Subsequent Trump and Court Action

Texas v. Biden, No. 21-10806 (5th Cir., Aug. 19, 2021).

On August 19, 2021, the Fifth Circuit denied the government's motion for a stay of Judge Kacsmaryk's nationwide injunction pending appeal.

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

Subsequent Trump and Court Action

Biden v. Texas, No. 21A21 (U.S., August 20, 2021).

On August 20, 2021, Justice Alito temporarily stayed Judge Kacsmaryk's nationwide injunction until August 24, 2021, "so that the full Court can consider the application."

On August 24, the Supreme Court denied the government's motion for an emergency stay.

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

Subsequent Trump and Court Action

2022.06.30 21-954 Biden v. Texas

On June 30, 2022, the Supreme Court issued Biden v. Texas, reversing the Fifth Circuit and remanding the case. The Court held that the district court erred in issuing an injunction, that rescinding the MPP program did not violate the INA, and that the Biden administration's October 2021 memo rescinding the program for a second time was final agency action that the district court should have reviewed. The case was remanded for further proceedings under the Administrative Procedure Act.

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

Subsequent Trump and Court Action

2022.08.08 Texas v. Biden NDTX order vacating injunction

On August 8, 2022, the Northern District of Texas vacated its 2021 injunction ordering MPP's reimplementation. The injunction was vacated in accordance with the Supreme Court's June 30, 2022 decision in Biden v. Texas.

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