*Practice limited to federal immigration law. Licensed in NY, MA, but not in CA.

Immigration News: Supreme Court Will Hear Case on Trump Administration’s ‘Remain in Mexico’ Policy

According to a report from The New York Times, the Supreme Court of the United States will review the Trump Administration’s ‘Remain in Mexico’ policy for asylum seekers. Officially called the Migrant Protection Protocols (MPP), the policy has previously been ruled unlawful by lower courts. In this article, our Los Angeles immigration law attorneys highlight the key things you need to know about the upcoming Supreme Court case.

Three Things to Know About the Supreme Court and the ‘Remain in Mexico’ Policy

Migrant Protection Protocols (MPP) Require Many Vulnerable People to Wait in Mexico

An extremely controversial policy, the MPP forces vulnerable asylum seekers to remain in Mexico while they claim they are being processed by U.S. immigration authorities. It can take many months (or longer) for an asylum claim to work its way through the legal process. The policy applies to asylum seekers who cross through Mexico on their way to the United States—which is, of course, the path taken by many Central American migrants. Sadly, Mexico is not a safe place for vulnerable people. There have been multiple reports of migrants being killed while waiting in Mexico.

Lower Courts Have Ruled Against the Policy—But It Was Allowed to Continue

Multiple lower courts have already ruled against the ‘Remain in Mexico’ policy, finding that it violates both federal law and international law. In March of 2020, the Ninth Circuit Court of Appeals blocked the implementation of the MPP. However, the ruling was stayed on the grounds that there were other ongoing legal proceedings. In effect, the policy was temporarily allowed to remain in place despite being unlawful on the eyes of the Ninth Circuit. The Trump Administration appealed the decision and, in agreeing to hear the case, the Supreme Court is now in a position to determine the legality of the policy.

Elections Matter: The Policy Could Be Removed Before the Courts Hear the Case

By the time the ‘Remain in Mexico’ case is adjudicated by the Supreme Court, the policy may no longer be in place. The so-called Migrant Protection Protocols are one of the many things on the ballot in November. President Trump has repeatedly stated his intention to continue the draconian policy despite the issues raised by immigrant rights organizations. In contrast, Democratic nominee Joe Biden has consistently criticized the ‘Remain in Mexico’ policy as unfair, unsafe, and unlawful. With a new administration in Washington, the policy may change without an order from the federal courts. An election is an opportunity to make your voice heard by our political leaders.

We Advocate for Immigrants Rights and Asylum Seekers in Southern California

At Goldstein Immigration Lawyers, our Los Angeles immigration attorneys are devoted to providing superior representation to clients. We have the legal knowledge and experience to assist clients with the full range of immigration cases, including asylum claims. For more information about how our legal team can help protect your rights, please call our Los Angeles office today.

Josh Goldstein
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