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The brief, citing ABA policy approved by the ABA House of Delegates in February 2020, argued that Trump administration rules violated statutorily protected rights including access to counsel and the U.S. Constitution’s Fifth Amendment guarantees by restricting asylum-seekers’ access to the asylum system and to their due process protections. In addition, the ABA said, the protocols could place lawyers serving asylum applicants at odds with the ABA Model Rules of Professional Conduct related to competence, communications, and other areas of client representation.
Since the early 2019 inception of the MPP policy, at least 70,000 people have been returned to Mexico to await court hearings, according to TRAC, a nonpartisan data research center affiliated with Syracuse University. In March 2020, however, the COVID-19 pandemic forced a suspension of all hearings.
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