Bidenv.Texas
The Department of Homeland Security created the Migrant Protection Protocols, which required certain non-Mexican nationals arriving by land from Mexico to remain in Mexico while removal proceedings continued. Texas and other parties challenged the policy and obtained an injunction requiring the Department to continue it. The Supreme Court held that the Government’s rescission of the policy had not become effective in the manner required by the immigration statute and that the lower court had jurisdiction to review the dispute. The Court nevertheless concluded that the injunction could not stand after the Government’s later actions and the changed legal circumstances. It reversed the Fifth Circuit and remanded for further proceedings consistent with the opinion.
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