[ARCHIVED - September 2025]
This is an appeal of a nationwide stay of the Trump Administration’s reimplementation of the “Migrant Protection Protocols” (MPP) or “Remain in Mexico” policy. MPP was first implemented under the first Trump administration, in 2021, and under the policy thousands of people seeking asylum or related relief at the southern border were made to return to Mexico to wait for their proceedings in U.S. immigration courts. The Biden administration limited and eventually terminated MPP in 2022. In January 2025, the Trump administration announced it would reimplement the original form of MPP, so on February 11, Plaintiff ImmDef sought a nationwide stay of the reimplementation. On April 16, 2025, the district court granted this stay, and the government appealed and asked for a stay of the district court order pending the appeal. Plaintiff moved to dismiss the appeal, arguing that the stay decision is not appealable.
After oral argument on June 24, on July 18 the Court of Appeals denied Plaintiff’s motion to dismiss the appeal and granted the government’s motion for a stay pending appeal in part, permitting the government to partially resume the implementation of MPP and limiting the district court’s stay order to Plaintiff ImmDef’s current and future clients only.
Technical Summary
The Court of Appeals affirmed in its ruling that the government’s reimplementation of MPP likely violates the immigration laws, including the right to seek asylum, and that Plaintiff ImmDef would be irreparably harmed by the policy.
Latest Updates
- 04/22/2025Appeal docketed
