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lawsuitjurisdictionstatuterescissionliens
lawsuitjurisdictionrescissionliens

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Texas v. Biden

Facts

In January 2019, the Department of Homeland Security established the Migrant Protection Protocols (MPP) under the Trump administration, which required certain non-Mexican aliens attempting to enter the U.S. illegally to be returned to Mexico while their immigration proceedings were pending. Following the inauguration of President Biden, the administration sought to suspend and later terminate the MPP. The states of Texas and Missouri filed a lawsuit against the Secretary of Homeland Security, claiming that the termination of the MPP violated the Immigration and Nationality Act and the Administrative Procedure Act.

In January 2019, the Department of Homeland Security established the Migrant Protection Protocols (MPP) under the Trump administration, which required certain non-Mexican aliens attempting to enter the U.S. illegally to be returned to Mexico while their immigration proceedings were pending. Following the inauguration of President Biden, the administration sought to suspend and later terminate the MPP. The states of Texas and Missouri filed a lawsuit against the Secretary of Homeland Security, claiming that the termination of the MPP violated the Immigration and Nationality Act and the Administrative Procedure Act.

Issue

Whether the Governments rescission of the Migrant Protection Protocols violated the Immigration and Nationality Act and whether the Governments second termination of the policy was a valid final agency action.

The questions presented are whether the Governments rescission of the Migrant Protection Protocols violated the Immigration and Nationality Act and whether the Governments second termination of the policy was a valid final agency action.

Rule

8 U.S.C.S. 1252(f)(1) does not deprive lower courts of all subject matter jurisdiction over claims brought under the Immigration and Nationality Act, and 8 U.S.C.S. 1225(b)(2)(C) confers discretionary authority to return aliens to Mexico during immigration proceedings.

8 U.S.C.S. 1252(f)(1) does not deprive lower courts of all subject matter jurisdiction over claims brought under sections 1221 through 1232 of the INA.

Analysis

The Court determined that the lower courts retained jurisdiction to hear the claims despite the limitations imposed by 8 U.S.C.S. 1252(f)(1). It concluded that the Secretary of Homeland Security's memorandum terminating the MPP was a valid final agency action, as it was not merely a post hoc rationalization of a prior decision. The Court emphasized that the discretionary authority granted by the statute allowed the Secretary to terminate the MPP.

The Court determined that the lower courts retained jurisdiction to hear the claims despite the limitations imposed by 8 U.S.C.S. 1252(f)(1). It concluded that the Secretary of Homeland Security's memorandum terminating the MPP was a valid final agency action, as it was not merely a post hoc rationalization of a prior decision.

Conclusion

The Supreme Court reversed the judgment of the lower court and remanded the case, affirming that the Secretary had the authority to terminate the MPP.

The Supreme Court reversed the judgment of the lower court and remanded the case, affirming that the Secretary had the authority to terminate the MPP.

Who won?

The prevailing party was the Biden administration, as the Supreme Court ruled in favor of the Secretary of Homeland Security's authority to terminate the MPP.

The prevailing party was the Biden administration, as the Supreme Court ruled in favor of the Secretary of Homeland Security's authority to terminate the MPP.

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