Yesterday a federal court granted an emergency stay halting the government’s reimplementation of the so-called Migrant Protection Protocols, or Remain in Mexico policy, which forces people seeking asylum to await their U.S. immigration court dates under perilous conditions in Mexico. The U.S. government terminated Remain in Mexico in 2021, recognizing the policy as both a humanitarian and operational failure. The Trump administration announced plans to reimplement the policy on inauguration day this year. The court order issued Wednesday blocks the administration from pursuing its reimplementation of Remain in Mexico while a federal class action lawsuit challenging its legality is considered.
Immigrant Defenders Law Center (ImmDef) requested the stay in this case in February, arguing that the resumption of Remain in Mexico would undermine its efforts to provide legal services to immigrants in and around Southern California, in violation of both U.S. immigration law and ImmDef’s First Amendment rights. On Wednesday the court agreed, finding that the policy would dramatically impede ImmDef’s ability to represent asylum seekers stranded in some of the most dangerous parts of Mexico.
The court agreed with ImmDef that Remain in Mexico likely violates the right to apply for asylum enshrined in our immigration laws, as well as asylum seekers’ right to counsel, noting that the policy has “obstructed legal representation” for over 90 percent of those subject to it. The court also found that Remain in Mexico restricted ImmDef’s protected speech by limiting their ability to advise and communicate with existing and potential clients, and prohibiting them from conducting “know your rights” presentations for people subjected to the policy.
ImmDef is represented in this case by the Center for Gender & Refugee Studies (CGRS), Innovation Law Lab, and the National Immigration Project of the National Lawyers Guild.
“Remain in Mexico has been and continues to be one of the most dangerous and cruel policies the Trump administration has ever pursued. It made a mockery of access to counsel while putting human lives at risk and denying people due process in their asylum proceedings,” Lindsay Toczylowski, President and CEO of ImmDef, said today. “We are grateful the court halted the reimplementation of the policy because as lawyers working at the border, we know this will save people’s lives while we continue to fight for an end to this unlawful program.”
“The Remain in Mexico policy was a humanitarian disaster and a legal travesty, forcing vulnerable people into life-threatening conditions while stripping them of access to legal help,” said Stephanie Alvarez-Jones, an attorney with the National Immigration Project. “We are relieved the court has stayed its reimplementation, and we will continue fighting until every person seeking refuge receives a fair chance to be heard.”
“From day one, the Remain in Mexico policy has been an illegal scheme to subvert the right to seek asylum,” said Melissa Crow, Litigation Director at the Center for Gender & Refugee Studies (CGRS). “It has sabotaged the efforts of organizations like ImmDef to protect their clients’ rights in unworkable and dangerous conditions of the government’s own making. This week the court rejected the government’s attempts to defend an indefensible policy that violates our laws, makes a mockery of due process, and endangers the lives of people seeking safety. We look forward to securing an end to Remain in Mexico, once and for all.”
"This court decision protects countless individuals from the ongoing harms that would be caused by the resumption of the inhumane Remain in Mexico program," said Rosa Saavedra Vanacore, Senior Staff Attorney at Innovation Law Lab. "We will continue to advocate in court for our clients' meaningful access to the asylum process."