CLINIC Files BIA Amicus Brief Arguing that Noncitizens Arrested 50 Miles into the U.S. Interior Should Not be Placed in MPP

Last Updated

January 26, 2021


On Jan. 25, 2021, CLINIC filed an amicus brief to the Board of Immigration Appeals, or BIA, in response to an invitation to file amicus briefs. The primary issue in the case is whether a noncitizen who is apprehended 50 miles beyond the U.S. border can be considered an "arriving alien" who is subject to the misnamed Migrant Protection Protocols. CLINIC responded that, although MPP itself is not lawful, even under the rules that bind the BIA, an individual who is 50 miles away from the border cannot be considered "arriving." CLINIC was represented on the brief by pro bono counsel at Harris, Wiltshire & Grannis.