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CA9 Blocks 'Remain in Mexico' (MPP) Policy: Innovation Law Lab v. Wolf

February 28, 2020 (1 min read)

Innovation Law Lab v. Wolf

"We conclude that the MPP is inconsistent with 8 U.S.C. § 1225(b), and that it is inconsistent in part with 8 U.S.C. § 1231(b). Because the MPP is invalid in its entirety due to its inconsistency with § 1225(b), it should be enjoined in its entirety. Because plaintiffs have successfully challenged the MPP under § 706(2)(A) of the APA, and because the MPP directly affects immigration into this country along our southern border, the issuance of a temporary injunction setting aside the MPP was not an abuse of discretion. We lift the emergency stay imposed by the motions panel, and we affirm the decision of the district court."