In the Innovation Law Lab case, a divided Ninth Circuit panel upheld an injunction against enforcement of the Trump administration’s Migrant Protection Protocols (“MPP”). Under the MPP, non-Mexican asylum seekers who present themselves at the southern border of the United States are required to wait in Mexico while their asylum applications are adjudicated. The MPP must be the most effective measure implemented by the Trump administration to stem the crushing tide of illegals crossing from Mexico.
The Ninth Circuit temporarily stayed its ruling for a few days while it took up additional briefing last week. The court then entered an order (embedded in my post here) reiterating its ruling but limiting the injunction to Arizona and California (the two border states within its jurisdiction). The court further stayed enforcement of the injunction until March 11 pending possible intervention by the Supreme Court.
The Supreme Court has now intervened and entered an order staying the Ninth Circuit ruling pending the Supreme Court’s disposition of the government’s petition for review. The order is posted here. The stay order lacked only the concurrence of Justice Sotomayor.