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Original Date Announced
January 28, 2019CBP releases guidance and guiding principles for Migrant Protection Protocols (MPP) implementation via separate memos. The Commissioner McAleenan memo to Field Operations and the Border Patrol states that, pursuant to section 235(b)(2)(C) of the INA, CBP "may return certain applicants for admission to the contiguous country from which they are arriving on land (whether or not at a designated port of entry)" pending removal proceedings. [ID #68]
McAleenan Guidance on MPP Implementation Hoffman Guidance on MPP Implementation (San Diego) Guiding Principles for MPP Implementation (San Diego)Effective Date
January 28, 2019Subsequent Trump-Era and Court Action(s)
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February 28, 2020
Innovation Law Lab v. Wolf--9th Cir. Opinion
A federal district court enjoined the MPP policy on April 8, 2019. The Ninth Circuit stayed the injunction pending appeal, and then affirmed it on Feb. 28, 2020. The Supreme Court issued a stay of the injunction on Mar. 11, 2020, and granted certiorari on Oct. 19, 2020. The case was dismissed as moot after the Biden administration took office.
View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
August 13, 2021
2021.08.13 Texas v. Biden, Case No. 2:21-cv-00067-Z (N.D. Texas, Aug. 13, 2021).
On August 13, 2021, Judge Matthew J. Kacsmaryk of the Northern District of Texas, Amarillo Division, enjoined the Biden administration's June 1, 2021, memo terminating MPP, requiring DHS to re-start MPP with monthly status reports to the court. The injunction is nationwide and was stayed for one week for the Biden administration to appeal.
** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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August 19, 2021
Texas v. Biden, No. 21-10806 (5th Cir., Aug. 19, 2021).
On August 19, 2021, the Fifth Circuit denied the government's motion for a stay of Judge Kacsmaryk's nationwide injunction pending appeal.
** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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August 20, 2021
Biden v. Texas, No. 21A21 (U.S., August 20, 2021).
On August 20, 2021, Justice Alito temporarily stayed Judge Kacsmaryk's nationwide injunction until August 24, 2021, "so that the full Court can consider the application."
On August 24, the Supreme Court denied the government's motion for an emergency stay.
** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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June 30, 2022
2022.06.30 21-954 Biden v. Texas
On June 30, 2022, the Supreme Court issued Biden v. Texas, reversing the Fifth Circuit and remanding the case. The Court held that the district court erred in issuing an injunction, that rescinding the MPP program did not violate the INA, and that the Biden administration's October 2021 memo rescinding the program for a second time was final agency action that the district court should have reviewed. The case was remanded for further proceedings under the Administrative Procedure Act.
** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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August 8, 2022
2022.08.08 Texas v. Biden NDTX order vacating injunction
On August 8, 2022, the Northern District of Texas vacated its 2021 injunction ordering MPP's reimplementation. The injunction was vacated in accordance with the Supreme Court's June 30, 2022 decision in Biden v. Texas.
** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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Biden Administration Action
January 20, 2021DHS Statement on the Suspension of New Enrollments in the Migrant Protection Protocols Program
This Biden administration policy modifies the Trump-era policy identified in this entry.
On January 20, 2021, DHS announced a halt to new enrollments in the MPP program: “Effective tomorrow, January 21, the Department will cease adding individuals into the program. However, current COVID-19 non-essential travel restrictions, both at the border and in the region, remain in place at this time. All current MPP participants should remain where they are, pending further official information from U.S. government officials.”
View DocumentBiden Administration Action: Revoked/Replaced
June 1, 20212021.06.01 Termination of the Migrant Protection Protocols Program
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On June 1, 2021, DHS issued a policy memorandum signed by Secretary Alejandro Mayorkas terminating the MPP program. The memorandum instructs DHS personnel to take the necessary steps to rescind related implementing guidance and other policy guidance.
View DocumentBiden Administration Action: Revoked/Replaced
October 29, 20212021.10.29 MPP Termination Memo and Justification
This Biden administration policy memo again revokes in its entirety the Trump-era policy identified in this entry.
On October 29, 2021, DHS Secretary Mayorkas issued a new memo terminating the MPP program. The Biden administration remained, however, under an injunction requiring that it implement MPP in good faith.
View DocumentBiden Administration Action: Approved/Retained
December 2, 20212021.12.02 Guidance regarding the Court-Ordered Reimplementation of the Migrant Protection Protocols
This Biden administration policy re-implements the Trump-era policy identified in this entry.
Adhering to the injunction to reimplement MPP, DHS provides updated and comprehensive guidance on its good-faith reimplementation of MPP until the courts vacate the injunction. This guidance includes substantive changes in the implementation of MPP made in consultation with the Government of Mexico.
View DocumentBiden Administration Action: Revoked/Replaced
August 8, 20222022.08.08 Update regarding Court Ordered Reimplementation of the Migrant Protection Protocols
On August 8, 2022, after the Northern District of Texas vacated its 2021 injunction ordering the Biden administration to reimplement MPP, DHS announced the program's rollback on its website, writing that "[i]ndividuals are no longer being newly enrolled in MPP, and individuals currently in MPP in Mexico will be disenrolled when they return for their next scheduled court date."
View DocumentCurrent Status
Partially in effectMost Recent Action
August 8, 2022 Action: Revoked/Replaced 2022.08.08 Update regarding Court Ordered Reimplementation of the Migrant Protection ProtocolsJanuary 20, 2021Acted on by Biden Administration
June 1, 2021Acted on by Biden Administration
October 29, 2021Acted on by Biden Administration
December 2, 2021Acted on by Biden Administration
August 8, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Agency DirectiveSubject Matter: Asylum, Withholding and CAT BorderAssociated or Derivative Policies
- February 21, 2017 CBP issues memo to Field Operations implementing EO 13767 and EO 13768
- December 20, 2018 DHS promulgates the Migrant Protection Protocols (MPP)
- January 28, 2019 USCIS issues guidance for implementing the Migrant Protection Protocols (MPP)
- February 12, 2019 ICE issues guidance on Migrant Protection Protocols (MPP)
Pre Trump-Era Policies
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December 23, 2008
Previously, individuals expressing a fear of return were referred to an asylum officer for a credible or reasonable fear interview, and were permitted to wait in the U.S. pending adjudication of their claim.
8 U.S. Code § 1158
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Implementation of the Migrant Protection Protocols
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New Policy
Original Source:
Guidance on Migrant Protection Protocols
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New Policy
Original Source:
MPP Guiding Principles
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Prior Policy
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Subsequent Action
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Subsequent Action
Original Source:
Texas v. Biden, Case No. 2:21-cv-00067-Z (N.D. Texas, Aug. 13, 2021)
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Subsequent Action
Original Source:
Texas v. Biden, No. 21-10806 (5th Cir., Aug. 19, 2021).
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Subsequent Action
Original Source:
Biden v. Texas, No. 21A21 (U.S., August 20, 2021).
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Subsequent Action
Original Source:
2022.06.30 Biden v. Texas
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Subsequent Action
Original Source:
2022.08.08 Texas v. Biden NDTX order vacating injunction
Biden Administration Policy Documents
- Biden Administration Action
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Biden Administration Action
Original Source:
Termination of the Migrant Protection Protocols Program
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Biden Administration Action
Original Source:
Migrant Protection Protocols (MPP) Termination Memo
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Biden Administration Action
Original Source:
Court-Ordered Reimplementation of MPP Policy Guidance
- Biden Administration Action