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This is an appeal of a district court’s order that stayed (paused) the Biden Administration’s second attempt to end the "Remain in Mexico" program (also referred to as the "Migrant Protection Protocols," or MPP), a Trump-era policy requiring certain asylum seekers to be returned to Mexico and forced to wait there for the months or years required for the U.S. government to process their applications for humanitarian protection. That order was issued on December 15, 2022 by Judge Kacsmaryk of the Northern District of Texas, who held that the federal government did not go through the required procedures when ending the program.   

In mid-May 2023, the Biden Administration voluntarily dismissed this appeal (before any briefing was filed),, choosing instead to return to the district court and proceed to final judgment there. 

Technical Summary

Judge Kacsmaryk’s decision held that the termination was arbitrary and capricious for its alleged failure to consider various factors, including the States’ alleged reliance interests in the program.​​​​​​


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