'Migrant Protection Protocols': Legal Issues Related to DHS's Plan to Require Arriving Asylum Seekers to Wait in Mexico [Updated May 9, 2019] [open pdf - 737KB]
From the Document: "Some advocacy organizations have expressed concern that the MPP [Migrant Protection Protocols] will endanger asylum seekers forced to remain in Mexico for long periods of time and will hinder their access to counsel. Groups have vowed to challenge the MPP in court. While a challenge does not appear to have been filed as of the time of this Sidebar's publication, the MPP does raise legal issues. Most significantly, there is a question as to whether DHS possesses authority to implement the MPP under the Immigration and Nationality Act (INA). The statutory provision that DHS cites in support of the policy, INA § 235(b)(2)(C), does not plainly authorize application of the MPP to one significant group of aliens: those who are subject to 'expedited removal' under the INA. This group probably includes most Central American asylum seekers coming to the U.S.-Mexico border."
CRS Legal Sidebar, LSB10251
Congressional Research Service: https://crsreports.congress.gov/