12/25/2022 0 Comments Illegal alien marchIndeed, Texas and Missouri amended their complaint to challenge this October memo as well as a motion to “postpone the effective date” of the October memo. The Supreme Court explicitly suggests in its opinion that “n remand, the District Court should consider in the first instance whether the October 29 Memoranda comply with section 706 of the APA.” This leaves open the opportunity that the October MPP termination memo could be litigated under the APA grounds. Texas, the Supreme Court found that (1) the district court did not have the jurisdiction to issue an injunction stopping MPP because of INA §1252(f )(1) (2) that DHS has the discretionary authority to return an alien arriving on land to Mexico because the text of the statute says “may” and (3) that the October 2021 memo was a valid agency action. The Court of Appeals disagreed, stating that the October memo was not “a new and separately reviewable ‘final agency action.’” Due to this injunction, MPP has continued throughout the litigation. In response, the administration released an October 2021 memo and argued that the injunction should be vacated because the October memo superseded the June memo. However, Texas sued to force them to continue the program, resulting in a nationwide injunction. The Biden Administration tried to end MPP with a memo released in June 2021. 19091660 | Dated SeptemCurrent State of PlayĪugMigrant Protection Protocols (MPP) is a Trump-era policy, and the federal government itself acknowledged that the program “impos substantial and unjustifiable human costs on migrants who were exposed to harm while waiting in Mexico,” as well as these difficulties for asylum seekers to access counsel.
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