This suit was filed on behalf of 26 asylum seekers—12 adults and their 14 minor children—who are trapped in life-threatening conditions in Mexico while they wait for their asylum proceedings in the United States to conclude. Plaintiffs all fled violence and persecution in their home countries and sought refuge in the United States. Pursuant to the Migrant Protection Protocols (MPP) of the Department of Homeland Security (DHS), DHS sent the plaintiffs back across the border to the notoriously dangerous Mexican border state of Tamaulipas and required them to remain in Mexico while their removal proceedings are pending.
Represented by Public Citizen Litigation Group, along with the ACLU Immigrants’ Rights Project, the ACLU of the District of Columbia, the ACLU of Texas, and Center for Gender and Refugee Studies, the plaintiffs challenge both DHS’s expansion of MPP to Tamaulipas and its return of the plaintiffs to Mexico, alleging claims under the Administrative Procedure Act and the Due Process Clause. The plaintiffs filed a motion for a preliminary injunction to allow plaintiffs to return to the United States to pursue their immigration cases. The Court granted the motion in part and denied in part. It ordered that one client be allowed a new interview to determine whether she should be excluded from MPP.