Peter Margulies is a professor at Roger Williams University School of Law, where he teaches Immigration Law, National Security Law and Professional Responsibility. He is the author of Law’s Detour: Justice Displaced in the Bush Administration (New York: NYU Press, 2010).
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The new plan will protect civilians while preserving military effectiveness.
The Supreme Court’s decision confirmed that the INA does not bar an end to the MPP, but the district court must still determine whether Secretary of Homeland Security Mayorkas’s October 2021 memorandum provided an adequate explanation for the shift under the APA.
A grant of certiorari from the Supreme Court would set the stage for clarification of the uncertainty caused by the Fifth Circuit’s ruling.
The courts failed to accord deference to executive decisions about foreign affairs and resource allocation in immigration enforcement. The Biden administration’s best move might be to develop a more comprehensive explanation for ending the Migrant Protection Protocols.
The ruling will not immediately affect current DACA recipients, but it will bar approval of new applications.
The United States is seeing a troubling rise in unaccompanied children crossing the U.S.-Mexico border. Resolving the problems at the border will require action from the Biden administration, Congress and the courts.
Most current approaches to resolving the EU-U.S. conflict fall short. It’s time for a hybrid approach.