Episode description

In 2018, the Trump administration announced the Migrant Protection Protocols (MPPs), under which policy certain noncitizens arriving at the southwest border of the United States were returned to Mexico during their immigration proceedings. Known as the “remain in Mexico” policy, the MPPs faced legal challenges shortly after their enactment, but the Supreme Court allowed the Trump administration to enforce it.

In June 2021, the Biden administration sought to end the policy, but Texas and Missouri challenged that effort, arguing that rescinding the policy violated federal immigration law and that the policy change violated the Administrative Procedure Act. A federal district court agreed with the challengers and ordered the Biden administration to implement the MPPs in good faith or initiate new agency action in compliance with the APA. The U.S. Court of Appeals for the Fifth Circuit declined to block the lower court’s ruling, as did the Supreme Court.

In October 2021, the Department of Homeland Security issued a new decision ending the policy supported by a memorandum explaining the decision. A district court again ordered DHS to continue the CPPs, and the Fifth Circuit upheld the order. The Biden administration sought expedited review as to whether federal immigration law requires it to maintain the policy and whether the October decision to end the policy has any legal effect.

The case was decided on June 30, 2022. The Court held that the Government’s rescission of MPP did not violate section 1225 of the INA, and the October 29 Memoranda constituted final agency action. Chief Justice ROBERTS delivered the opinion of the Court, in which Justices BREYER, SOTOMAYOR, KAGAN, and KAVANAUGH joined. Justice KAVANAUGH filed a concurring opinion. Justice ALITO, filed a dissenting opinion, in which Justices THOMAS and GORSUCH joined. Justice BARRETT filed a dissenting opinion, in which Justice THOMAS, ALITO, and GORSUCH joined as to all but the first sentence.

Credit: Oyez, LII Supreme Court Resources, Justia Supreme Court Center, available at:  https://www.oyez.org/cases/2021/21-954.