Biden might face new MPP policy challenges

For several political analysts, President Biden did not make a good decision in asking the Supreme Court to evaluate the current provisions of the MPP (Migrant Protection Protocols) policy.

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Biden’s intentions to repeal the MPP

The current administration made clear during the election period its firm intention to modify current policies to favor immigrant populations.

For instance, during his first year in office, President Biden has attempted to rescind the MPP policy on several occasions without success.

It is important to explain that the so-called MPP rule, which was implemented in 2019 by the Trump Administration, allows immigration enforcement officers at the borders to expel asylum seekers and take them to Mexico, where they must wait until they receive a response to their cases.

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The legal background that keeps the MPP in place today

The Biden administration’s political intent has not been enough, considering that attempts to eradicate the MPP have not worked so far.

On the two occasions in which Biden has attempted to terminate the MPP, a Texas federal judge and later the Fifth Circuit Court of Appeals found inconsistencies and stated that his administration was not following due process in removing this rule, so they determined that it should remain in effect.

In light of this legal ruling, the Biden administration had to reimplement the MPP, but recently asked the Supreme Court to review the Court of Appeals’ ruling and confirm that it did not err in deciding to continue the MPP policy.

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Supreme Court review could work against the Biden administration

This decision, according to several experts in the field, could be detrimental to the current administration’s intentions because:

• The Biden administration has not generated strong proposals to address the Court of Appeals’ concerns.
• The arguments made by the Court of Appeals are legally consistent with the statutes that regulate immigration in the US, so the Supreme Court will likely uphold the ruling.
• By asking the Supreme Court to evaluate the Court of Appeals’ decision, it is possible that permanent limits may be established, which may undermine a future attempt to rescind the MPP.

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An obstacle for asylum seekers

While the MPP influences the migration process for asylum seekers, new mechanisms are currently taking place to expedite the processing of pending immigration cases.

Therefore, if you plan to migrate to the US soon or have a pending process, there are several options available that may apply to your particular case.

Through years of experience, our team has assisted many individuals with all kinds of immigration processes, from employment-based or study-based options, to family-based immigration and deportation proceedings. Do not hesitate to Contact Motion Law Immigration and ask for your FREE Consultation with our experienced attorneys!

Now is the right time to begin your immigration journey in the US

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.