b'CHALLENGING THE LEGALITY OF A CRUEL IMMIGRATION POLICY(continued)The crux of Mintzs argument in the briefs was that the governmentThebriefsalsoincludeddescriptionsoftheshockingliving has been deliberately misclassifying migrants as arriving aliensconditions that people such as Angela and her husband endured tosendthembacktoMexicoundertheprogram.Legally,anin Mexico while in MPP. We needed to remind the court that MPP arriving alien is someone who enters the United States and isimpacts real people very detrimentally, causing significant human immediately apprehended by ICE or Customs, or who surrenderssuffering, Clare said. to US authorities at the border. The label does not apply to anMintz filed its first brief, for M.D.C.V. v. Barr, in late October 2020. immigrant who enters without inspection, crossing the borderIn August, the government moved to remand the case for a de novo and being apprehended (or presenting themselves to authorities)hearing, allowing M.D.C.V. to enter and stay in the United States only at a later date or time. The distinction is critical because MPPwhile her new case is pending. The firm filed its brief in the Ortiz only applies to individuals who are properly categorized as arrivingv. Garland case in March 2021. By then, the Biden administration aliens and not those who have entered without inspection. Thehad stopped enrolling new asylum seekers in MPP, but individuals Department of Homeland Security has willfully ignored this criticalpreviously subjected to MPP still hadnt been granted admission to distinction and wrongly forces asylum seekers who have alreadythe United States while their applications were pending. entered the United States into the programstripping them of their legal right to obtain a bond hearing before an immigrationIn its ruling in Ortiz v. Garland, the Ninth Circuit agreed to remand judge to seek release in the United States.the case back to an immigration judge for a completely new hearing The Mintz team focused on this nuanced, technical issue ratherand granted the plaintiffs, a family then in MPP, immediate entry than attacking MPP in its entirety. It was an approach no one elseinto the United States. Subsequently, the Biden administration also had taken up to that point, Adam said.started to allow thousands of other people in MPP into the United Stateswhiletheircasesarepending.AftertheNinthCircuits ruling, the Biden administration saw the writing on the wall and decided to take more proactive action, Clare said. Were proud to have been part of a wave that helped move the government in the right direction.Thank you, Adam and Clare! We are so grateful forUnfortunately,sincetheBidenadministrationformallyended your hard work, and for your terrific support in MPP in June 2021, the attorneys general for Texas and Missouri this case. successfullysuedtheadministration,claimingitsdecisionto endMPPwasarbitraryandcapricious.Asofthiswriting,the RICHARD CALDARONE administration has appealed, but the Supreme Court has declined Litigation Counsel to stay the lower courts ruling while the appeal is pending. Tahirih Justice Center24 2021'