[20190509]LSB10251_“移民保护议定书”：与国土安全部计划要求抵达的寻求庇护者在墨西哥等待有关的法律问题 .pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i “Migrant Protection Protocols”: Legal Issues Related to DHSs Plan to Require Arriving Asylum Seekers to Wait in Mexico Updated May 9, 2019 Update: The Migrant Protection Protocols (MPP) remain in effect after an initial round of litigation (which followed initial publication of this Sidebar). On May 7, 2019, a motions panel of the U.S. Court of Appeals for the Ninth Circuit granted the government an emergency stay of a preliminary injunction issued by a federal district court in a lawsuit challenging the legality of the MPP. The district court had issued the injunction after concluding that plaintiffs were likely to succeed in their argument that the statutory provision relied upon by the Department of Homeland Security (DHS) to institute the MPP, 235(b)(2)(C) of the Immigration and Nationality Act (INA), did not apply, “and even if it did, further procedural protections would be required to conform to the governments acknowledged obligation to ensure aliens are not returned to unduly dangerous circumstances.” The preliminary injunction, had the Ninth Circuit allowed it to take effect, w