Council Submits Amicus Brief on Insufficiency of Notice in Migrant Protection Protocols Proceedings

The American Immigration Council filed an amicus curiae brief with the Board of Immigration Appeals in response to an invitation requesting public comment as to whether Migrant Protection Protocols (MPP)—also known as "Remain in Mexico"—notice and advisal sheets, informally known as “tear sheets,” provide sufficient notice to respondents of their removal hearings absent any proof that the Department of Homeland Security (DHS) properly served them.

The brief argues that DHS’ service practices for MPP tear sheets deny respondents their statutory right to notice of the time and place of their removal proceedings, their statutory right to a full and fair hearing, and, consequently, due process of law. The brief also argues that these service practices do not satisfy DHS’ statutory burden to allow for removing these respondents in absentia.

The Council filed this amicus brief with the American Immigration Lawyers Association, Tahirih Justice Center, HIAS, Human Rights First, and the Fred T. Korematsu Center for Law and Equality.