A judge for the US District Court for the Northern District of California granted a preliminary injunction Monday to halt the Migrant Protection Protocols (MPP) that were sending certain asylum seekers back across the Mexico border while they await a court determination.
The policy was intended to reduce the flood of immigrants. The plaintiffs in the case, 11 asylum seekers who were sent back across the border, argued the policies are “wholly inadequate for ensuring that those who face persecution, torture, or death in Mexico will not be erroneously returned.” They also argued that remaining in Mexico denied them the opportunity to adequately prepare their case.
In the order, Judge Richard Seeborg gave two primary reasons why the preliminary injunction was granted:
First, the statute that vests DHS with authority in some circumstances to return certain aliens to a “contiguous territory” cannot be read to apply to the individual plaintiffs or others similarly situated. Second, even assuming the statute could or should be applied to the individual plaintiffs, they have met their burden to enjoin the MPP on grounds that it lacks sufficient protections against aliens being returned to places where they face undue risk to their lives or freedom.
The order is set to take effect Friday, at which time the 11 plaintiffs will be permitted to return to the US while they await their asylum proceedings.