BIA Upholds 'Remain in Mexico,' Regardless Of Entry Point

Law360 (July 14, 2020, 8:30 PM EDT) -- In a precedential decision, the U.S. Board of Immigration Appeals on Tuesday backed the federal government's authority to push migrants into Mexico while they await an immigration hearing, even those who were seized between ports of entry.

The panel ruled that the U.S. Department of Homeland Security was within its rights to return an El Salvadoran woman to Mexico under the Migrant Protection Protocols, saying the policy applied to her even though she was detained 20 miles north of the U.S.-Mexico border.

The BIA pointed to parts of the Immigration and Nationality Act that "indicate Congress' intent to allow aliens, such...

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