Innovation Law Lab and our co-plaintiffs allege that Trump’s “Remain in Mexico” policy violates the Immigration and Nationality Act, the Administrative Procedure Act, and the United States’ duty under domestic and international law to not return people to dangerous conditions.

UPDATE: In February 2020, the U.S. Court of Appeals for the Ninth Circuit affirmed a preliminary injunction setting aside the Protocols on the grounds that they are statutorily unauthorized. The U.S. Supreme Court stayed this injunction pending its review of the Ninth Circuit’s decision. In February 2021, the Supreme Court agreed to hold the case in abeyance in light of the Biden administration’s suspension of the policy. In June 2021, following the Biden administration’s termination of MPP, the Supreme Court vacated the Ninth Circuit’s order and ordered the case to return to the district court. As the case remains pending, thousands of individuals – many ineligible or unable to access the Biden administration’s past processing efforts – continue to struggle to survive in Mexico in the hope that the U.S. government may one day restore their right to seek protection in the United States.

Our partners in this challenge: Al Otro LadoCentral American Resource Center of Northern California, Centro Legal de la Raza, University of San Francisco School of Law Immigration & Deportation Defense Clinic, & Tahirih Justice Center.