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DHS and DOJ are erecting virtual immigration courtrooms for MPP cases along the Southern Border

  1. Original Date Announced

    September 6, 2019

    AILA reports that DHS is building massive temporary tent facilities in Laredo and Brownsville that will function as virtual immigration courtrooms for MPP cases, as many of the detailed immigration judges will adjudicate cases via video teleconferencing (VTC). [ID #101]

    See Biden administration action below.

    Policy Brief: DHS and DOJ Are Opening Secretive Port Courts Along the Southern Border
  3. Biden Administration Action: Revoked/Replaced

    June 1, 2021

    2021.06.01 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 implementing guidance and other policy guidance related to the program.

    View Document
  4. Biden Administration Action: Approved/Retained

    December 2, 2021

    2021.12.02 Guidance regarding the Court-Ordered Reimplementation of the Migrant Protection Protocols

    This Biden administration policy reimplements the Trump-era policy identified in this entry.

    On December 2, 2021, referencing the court order to reimplement MPP, DHS provides updated guidance on its good-faith reimplementation of MPP until the district court vacates its injunction. This guidance includes substantive changes to the implementation of MPP made in consultation with the Mexican government.

    View Document

Current Status

Partially in effect
June 1, 2021
Acted on by Biden Administration
December 2, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Change in Practice
Agencies Affected: USCIS CBP ICE EOIR

Associated or Derivative Policies

Pre Trump-Era Policies

  • October 29, 2018

    Prior to MPP, an asylum seeker at the border, upon demonstrating a credible fear of persecution, was permitted to wait in the U.S. pending their removal hearing and asylum adjudication.

    8 U.S.C. § 1158 - Asylum


  • Washington Post: Along Texas border, Trump administration sets up tent courts for virtual asylum hearings

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