On August 24, 2021,The Supreme Court of the United States ruled that the Biden administration must comply with a lower court’s ruling to reinstate President Donald Trump’s Migrant Protection Protocols (MPP) policy denying the Justice Department's emergency request. The MPP are a U.S. Government action whereby certain foreign individuals entering or seeking admission to the U.S. from Mexico without proper documentation may be returned to Mexico and wait outside of the U.S.the United States for the duration of their immigration proceedings, where Mexico will provide them with all appropriate humanitarian protections for the duration of their stay. U.S. District Judge Matthew Kacsmaryk ruled earlier this month that the Biden administration did not provide an adequate reason for getting rid of the policy and that its procedures regarding asylum seekers who enter the country were unlawful. The court said that the administration failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious. The highest court in its order cited a decision from 2020 in which it had stopped the Trump administration from dismantling the Obama-era program Deferred Action for Childhood Arrivals that protected undocumented immigrants who were brought into the country as children.
Vijay Bhagwati, Esq.
Founder and Managing Partner
