The Third Circuit has determined that a District Court has jurisdiction to hear the following challenges to the Migrant Protection Protocols (MPP), even if the removal proceedings of the challenging individual are ongoing:
1) Whether the MPP applies to a particular individual as a matter of statutory interpretation;
2) Whether the application of MPP to a minor violates the Flores settlement;
3) Whether the MPP violates the obligations of the nonrefoulement doctrine; and
4) Whether the MPP violates an individual’s constitutional right to due process by interfering with his relationship with counsel
The court specifically noted that Flores-related claims can be brought in any District Court, not just the Central District of CA where the agreement is monitored. The court remanded for the District Court to address the issues presented on the merits.
The full text of EOHC v. Secretary of DHS can be found here:
https://www2.ca3.uscourts.gov/opinarch/192927p.pdf