The Department of Homeland Security is entitled to a stay of a preliminary injunction barring it from implementing its Migrant Protection Protocols since DHS is likely to prevail on its contention that 8 U.S.C. Sec. 1225(b)(1) "applies" only to applicants for admission who are processed under its provisions. Under that reading of the statute, Sec. 1225(b)(1) does not apply to an applicant who is processed under Sec. 1225(b)(2)(A), even if that individual is rendered inadmissible by Sec. 1182(a)(6)(C) or (a)(7). The DHS is also likely to prevail on its claim that a preliminary injunction on the implementation of its MPP was inappropriate since the MPP qualifies as a general statement of policy and general statements of policy are exempted from the Administrative Procedure Act's notice-and-comment requirement.
Innovation Law Lab v. McAleenan - filed May 7, 2019
Cite as 2019 S.O.S. 19-15716
For more information, go to: http://www.beverlyhillsimmigrationlaw.com/
No comments:
Post a Comment