Here's my take on what today's memo from @AliMayorkas formally ending the MPP program means--and what it still leaves left to be done.

For those wanting to nerd out. Here's the memo: dhs.gov/sites/default/…

1/7
Why did this happen today? Remember that on Feb. 2, 2021 Biden issued an executive order that paused the MPP program and required the Secretary of DHS to promptly review the program & decide whether to formally terminate it. That formal termination came today via this memo. 2/7
But MPP had been paused long before that. MPP court hearings stopped on March 23, 2020 due to the pandemic--leaving many asylum seekers in legal limbo while forced to wait outside the U.S. in unsafe conditions.

So what is new today...?

3/7
Here's the 💰 quote in today's memo: "The termination of MPP does not impact the status of individuals who were enrolled in MPP at any
stage of their proceedings before EOIR or the phased entry process describe above."

In short this means there is much more work to be done. 4/7
What that legalese quote means is that today's memo doesn't change the ability of people once subject to MPP to seek asylum. So, for folks who are still waiting in Mexico and who have not yet qualified to be in-processed for asylum proceedings, today's memo doesn't help them. 5/7
Today's memo doesn't help the hundreds of unaccompanied kids who were once in MPP & are now in the U.S. It does not ensure they can properly seek asylum. It doesn't help individuals who were in MPP & due to the dangers of waiting in Mexico entered the U.S. without permission. 6/7
I welcome the formal end of the MPP program. (DO let the door hit you on the way out, MPP.) But, it isn't enough. Until EVERY SINGLE HUMAN who was subjected to this horrific program is able to safely seek asylum the program will not have ended. #WelcomeWithDignity 7/7

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More from @KarenTumlin

28 May
It's been quite the Friday in immigration news 🗞️. Here are my hot takes on the asylum news from today.

Speed & efficiency are great values for vaccine distribution but they are off base for asylum. Here's why: the cost of going too fast = sending people to their deaths. 1/10
The day's 1st announcement was from @TheJusticeDept & @DHSgov creating a rocket docket for families seeking asylum who are exempted from the cruel Title 42 policy that expels most families seeking safety. (They call it a "dedicated docket" but if it walks like a 🦆 ...) 2/10
I'm not against efficient systems if they're fair, but we're light years away from a fair system. Real talk: we do not have a working asylum system for the southern border. We have an expulsion policy-unjustified by public health needs-with a pitiful amount of exceptions. 3/10
Read 10 tweets
14 May
#Breaking: some MORE Friday immigration news. Today, we escalated our effort to make sure the U.S. will #WelcomeWithDignity immigrant kids who were involved with MPP by asking the court to order the Biden admin to give these children their Congressionally mandated rights. 1/10
Remember MPP? It forced 70,000+ people seeking safety in the U.S. to live in squalid, dangerous conditions along the U.S.-Mexico border. The Biden admin has promised to stop MPP & has made progress on that, which we celebrate. But we're a long way from the end of MPP’s ills. 2/10
Under Trump, kids who interacted with MPP & then came across the border w/o parents or caregivers were treated horribly. Our plaintiffs shared heart-wrenching 💔stories about young children being put on planes & dropped off in countries where they had no parents. 3/10
Read 10 tweets
14 May
🎉Victory! @POTUS has reversed the Trump Health Care Insurance Ban. This ban, which has long been enjoined due to our litigation, was a Trump policy designed to separate immigrants from their family members on the basis of wealth, health or status. whitehouse.gov/briefing-room/… 1/5
We joined forces with @latnet_PDX @ThinkLawLab @AILANational @SidleyLaw & a set of plaintiffs in Oct. 2019 to fight back against this shameful Ban. Because of these plaintiffs we were able to prevent this disaster of a policy from ever taking effect. When we fight, we win. 2/5
Our legal director, Esther Sung, put it best: “This ban masqueraded as a health issue, but was really only designed to keep immigrants from being able to reunite w/their families in the U.S. This policy undermined our public health system & we’re grateful to our plaintiffs." 3/5
Read 5 tweets
19 Apr
Sanchez argument has started & counsel for TPS recipients is up. If you're listening there's a lot of talk about what the TPS statute says & if it meant to allow TPS recipients to adjust status based on certain words. It's important to remember what's at stake in human terms. /1
The TPS recipients in these consolidated cases have been in the U.S. for 20 years on TPS. Adjustment of status allows them to get green cards and stability in the country that is already their home. Of course, Congress could fix this by passing the #PromiseAct. /2
This issue has divided the courts of appeal below. The 3rd, 5th & 11th Circuits have determined that TPS recipients who originally entered w/o inspection cannot adjust status, while the U.S. Courts of Appeals for the 6th, 8th & 9th Circuits have held to the contrary. /3
Read 9 tweets
16 Apr
Here's my Friday afternoon decoder ring for today's Refugee cap debacle. 🧵

First, these aren't numbers. Refugees are people fleeing persecution and in the last 4 years our country has shamefully turned its back on refugees. We need to #WelcomeWithDignity /1
Biden pledged to reverse the historically low levels of refugee admissions set by Trump. Trump set a shamefully low cap at 15,000 refugees. Biden pledged to set a humane number of 62,500 refugees this year. But he backtracked & today announced he would keep Trump's number. /2
This came after weeks of inaction by Biden & a failure to set the actual admissions number. This resulted in real harm to real people. Flights were cancelled & people who had been waiting for years in the refugee process had to start required processing checks anew. /3
Read 7 tweets
30 Mar
Going to put some thoughts on the Texas v. U.S. hearing here. Nina Perales @MALDEF and the state of NJ, both representing #DACA recipients have already given brief remarks.
The Biden DOJ is speaking now and is discussing the Friday announcement that DHS would begin a rulemaking on #DACA and saying at minimum it will make substantive changes to the program.
First question from the Judge to DOJ: when is that rule making going to happen, anticipating that Texas will say "judge we have been waiting years for a decision."
Read 11 tweets

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