[CIS] MPP continues, and the Biden administration should be chastened The Biden administration has already reinstated MPP — with conditions and limitations, as I explained on December 3. The government could always seek to have the full Fifth Circuit review this decision en banc, with all 17 judges considering the matter, but it has not had much luck there lately.
The court was not pleased with the way the administration presented this case. The government had requested that the Fifth Circuit vacate the district court’s judgment and remand it back, an equitable — as opposed to legal — remedy. The circuit court held that "DHS’s litigation tactics" — issuing the October 29 MPP termination redo while the case was on appeal — "tilt the equities decidedly against vacatur".
What the administration has received instead is more bad precedent in a court where it already had plenty. The president should learn from this matter, however, and start applying the INA as written, and follow Congress’s mandates therein. If the administration’s not chastened by this matter, it should be.