Missouri Attorney General Files Brief in “Remain in Mexico” Case, Oral Argument Set for November 2
Missouri Attorney General Eric Schmitt yesterday filed a response brief to the Department of Justice’s appeal in the Migrant Protection Protocols or “Remain in Mexico” case brought by Missouri and Texas. The brief was filed in the 5th Circuit Court of Appeals, and oral argument in this case is scheduled for November 2, 2021.
The brief continues, “The termination of MPP was unlawful in at least two key ways. First, it was arbitrary and capricious… Second, terminating MPP caused DHS to violate systematically the mandatory-detention provisions in Section 1225.”
The Missouri and Texas Attorney General’s Offices are asking the 5th Circuit Court of Appeals to uphold the judgment of the district court and keep in place the permanent injunction requiring the Biden Administration to re-implement the “Remain in Mexico” Policy. In April, Missouri Attorney General Eric Schmitt and Texas Attorney General Ken Paxton filed suit against the Biden Administration over their cancellation of the “Remain in Mexico” policy.
In August, the district court in Texas issued a nationwide permanent injunction, requiring the Biden Administration to re-implement the program. The Office then prevailed at the 5th Circuit Court of Appeals and the United States Supreme Court as both courts denied the Department of Justice’s request for a stay pending appeal. Recently, as the Haitian border crisis continues to deteriorate, the Office filed a motion to enforce the permanent injunction, arguing the Biden Administration has not been re-implementing the program in good faith. Last week, the 5th Circuit Court of Appeals again sided with the Missouri Attorney General’s Office and denied the Department of Justice’s request to stay this case pending administrative review.
Today, the Missouri and Texas Attorney General’s Offices filed their response brief in that appeal, which can be found here: https://ago.mo.gov/docs/default-source/press-releases/mpp-merits-brief.pdf?sfvrsn=66dc2c56_2
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