Milbank LLP has filed an amicus brief in a closely-watched lawsuit over the continuation of the United States’ “Remain in Mexico” immigration policy on behalf of the Young Center for Immigrant Children’s Rights (“the Young Center”) and a coalition of immigrant and children’s rights groups.
To-date, the Migrant Protection Protocols (“MPP”), or the “Remain in Mexico” policy, has forced more than 16,000 children to remain and await immigration hearings in Mexico, exposing them to danger and harm. The Biden administration, however, suspended new enrollments in the program in January 2021. The states of Texas and Missouri then sued the administration in the US District Court for the Northern District of Texas, which ruled in their favor and ordered the administration to restart MPP. The case, State of Texas et al v. Joseph R. Biden et al, is on appeal in the US Court of Appeals for the Fifth Circuit, and on August 24, 2021 the US Supreme Court refused to stay the injunction while the appeal is ongoing.
The amicus brief filed on September 27, 2021 argues in support of the administration’s decision to end MPP, demonstrating the policy’s direct, harmful impact through personal stories from asylum-seeking children. These children have fled abusive parents, escaped kidnapping attempts and other violence, suffered discrimination and have been subject to inhumane treatment. According to the brief, MPP has denied these children crucial procedural safeguards, child-sensitive considerations and due process. In doing so, it has inflicted devastating and often irreparable harm to their mental health and physical well-being.
“These tragic personal stories from children asylum-seekers are heartbreaking, and they must be heard,” said partner Mark Shinderman. “We remain hopeful that the Fifth Circuit will allow the administration to proceed with ending this inhumane and unlawful immigration policy.”
The Milbank pro bono team is led by Mr. Shinderman and includes senior consulting partner Linda Dakin-Grimm, partner Alan J. Stone and associates Will B. Denker, Katherine Cavins and Monica Grover. The coalition of immigrant and children’s rights organizations involved includes the Young Center, Kids in Need of Defense, Save The Children Federation, Inc., and Save The Children Action Network, Angry Tias and Abuelas of the Rio Grande Valley, Center for the Human Rights of Children at Loyola University Chicago School of Law, Children’s Defense Fund, and First Focus on Children.
October 1, 2021
