The Supreme Court - February 18, 2022

Dorsey & Whitney LLP
Contact

Dorsey & Whitney LLP

Biden v. Texas, No. 21-954: This case concerns the Migrant Protection Protocols (MPP)—also known as the “Remain in Mexico” policy—a former policy of the Department of Homeland Security (DHS) under which certain noncitizens arriving at the southwest border were returned to Mexico during their immigration proceedings. On June 1, 2021, the Secretary of Homeland Security terminated MPP. The district court vacated the Secretary’s termination and entered a permanent injunction requiring DHS to reinstate MPP. The Secretary issued a new decision terminating MPP, but the court of appeals affirmed the district court’s injunction. The case presents the following questions: (1) whether 8 U.S.C. §1225  requires DHS to continue implementing MPP, and (2) whether the court of appeals erred by concluding that the Secretary’s new decision terminating MPP had no legal effect.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dorsey & Whitney LLP | Attorney Advertising

Written by:

Dorsey & Whitney LLP
Contact
more
less

Dorsey & Whitney LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide