OxFam and 12 Ally Organizations Defend Refugee Rights in Amicus Brief Filed in Mexican Supreme Court in Support of IMUMI Over US “Remain in Mexico” Policy

October 15, 2021

Willkie served as counsel for amici on the brief.

On October 14, Oxfam and twelve other ally organizations filed an amicus brief in Mexican Supreme Court in support of Instituto para las Mujeres en la Migración (IMUMI), who is currently suing the Mexican government for adhering to the US “Remain in Mexico” policy – Migrant Protection Protocols (MPP). Willkie Farr & Gallagher served as counsel to the amici.

MPP is a controversial policy instituted in 2019 designed to curb the entry of Central American asylum seekers into the United States by sending them to Mexico for the pendency of their US immigration proceedings. The victims of this misguided policy are adults and children who have been persecuted or have a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. MPP has created lasting harm and violence to asylum seekers desperately fleeing dangerous conditions and threats to their lives. As the US prepares to reinstate MPP, amici urge the Mexcian Supreme Court to end these human rights abuses and ensure Mexico respects the rights of all migrants stranded under MPP.

The brief highlights that MPP represents an egregious violation of international law that must be rectified, and in agreeing to and implementing MPP, Mexico has violated its international legal obligations to uphold the principle of non-refoulement and respect asylum seekers’ rights to seek asylum, to life and security of person, to due process, and to family unity.

Oxfam is a global human rights organization that fights inequality to end poverty and injustice. Oxfam and its ally organizations are dedicated to ensuring that refugees and other migrants enjoy the rights to which they are entitled, including the internationally guaranteed human rights outlined by conventions, treaties, and other instruments that Mexico has signed and committed itself to respect, as well as jus cogens norms of international law.

The Willkie team was led by partner Shaimaa Hussein and included associates Ciara Copell, J. Tyler Knoblett, Michelle Mlacker and Andrew Silberstein.