Supreme Court Strikes Down MPP
The MPP, or Migrant Protection Protocols, was a Trump-era policy that required migrants to “wait in Mexico” while applying for asylum in the United States. This forced asylum-seekers to weather violence and privation in dangerous border towns while their immigration cases crawled through the system.
When this policy was in effect, Homeland Security claimed they only had the options of forcing migrants to wait in Mexico or imprisoning them. They have since been reminded that parole exists and that immigrants could actually just wait in the United States, with temporary work authorization, for their asylum cases to be decided. The DHS has always had the power to parole applicants for urgent humanitarian reasons, or for significant public benefit.
The case was Biden et al v. Texas et al. The justices held that lower courts can’t issue injunctions to block federal immigration policy, stopping Texas and Missouri injunctions in their tracks. They also ruled that the Biden Administration did not violate the Immigration and Nationality Act when it issued an October 2021 order to terminate the Remain in Mexico policy.
This could be a bit of a double-edged sword as federal judges in other states often used injunctions to block highly inhuman Trump-era immigration policies. The ruling prevents states from dictating policy for the rest of the country, but does also remove a powerful tool for stopping unfair action.
Does this mean you or a loved one can cross the border after years of waiting in a border town? Conditions at the border remain chaotic and unfortunately the United States is not letting everybody in at once. Title 42 also continues to impact migrant chances.
If you have the means to do so, your best bet would be to consult with an immigration attorney who may be able to get parole, and your right to enter the United States, formalized and recognized before you attempt to enter the United States. This can smooth your loved one’s passage and ensure the best possible outcome.
Are you an asylum seeker? No matter where you’re from or where you’re currently located, Hykel Law can help. Reach out to our office to schedule a consultation today. We’ll do everything in our power to help you start your new life here in the United States of America.
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