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Original Date Announced
December 20, 2018DHS announces the Migrant Protection Protocols (MPP), invoking INA § 235 (b)(2)(C). Under MPP, individuals who are nationals and citizens of designated countries other than Mexico (third-country nationals) arriving in the United States by land from Mexico, between ports of entry or without documentation, may be returned to Mexico to wait for the duration of their immigration proceedings. [ID #63]
Nielsen MPP AnnouncementEffective Date
December 20, 2018Subsequent Trump-Era and Court Action(s)
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March 11, 2020
ACLU | Innovation Law Lab v. Wolf
A federal district court enjoined the MPP policy on Apr. 8, 2019. The Ninth Circuit stayed the injunction pending appeal, and affirmed the injunction on Feb. 28, 2020. The Supreme Court stayed the injunction on Mar. 11, 2020, and granted cert. on Oct. 19, 2020. Oral argument scheduled for Feb. 2021 was postponed at the new administration's request. See Innovation Law Lab v. Wolf (N.D. Cal. 3:19-cv-00807) (9th Cir. 19-15716) (SCOTUS 19-1212).
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October 28, 2020
Immigrant Defenders Law Center v. Wolf - Complaint (Oct. 28, 2020)
On October 28th, 2020, a group of organizational plaintiffs and a class of asylum seekers filed another challenge to the MPP policy. Although overlapping with other lawsuits, this one also argues that the policy violates asylum seekers' "First Amendment rights to hire and consult an attorney and petition," and Fifth Amendment due process rights. See Immigrant Defenders Law Center et al. v. Wolf et al., (N.D. Cal. 2:20-cv-09893).
On November 2, 2020, the Texas Civil Rights Project filed a new challenge to the MPP policy, seeking relief for asylum-seekers with disabilities. See E.A.R.R. v. DHS (S.D. Cal. 3:20-cv-02146). A joint notice of settlement was filed in this case on June 17, 2021.
** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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January 14, 2021
ImmDef v. DHS Press Release
Immigrant Defenders and RAICES with Justice Action Center and Simpson Thacher & Bartlett LLP filed a lawsuit seeking to protect the statutory and constitutional due process rights of unaccompanied immigrant children.
** 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 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 for the Northern District of Texas Amarillo Division enjoined the Biden administration's June 1, 2021 memo that ended MPP, requiring the Biden administration to re-start implementing and enforcing MPP with monthly status reports to the court. The injunction is nationwide and is stayed for one week for the Biden administration to seek an 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 Tuesday, 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.**
View Document
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 it will stop 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
February 11, 20212021-02-11 DHS Announces Process to Address Individuals in Mexico with Active MPP Cases
On February 11, 2021, the Biden Administration announced that it would begin processing asylum applications of the 25,000 individuals in MPP that have active cases, beginning February 19, 2021.
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 implementing guidance and other policy guidance related to the program.
View DocumentBiden Administration Action
June 24, 2021Migrant Protection Protocols and Motions to Reopen
This Biden administration policy provides guidance to adjudicators following the rescission of the Trump-era policy identified in this entry.
On June 24, 2021, EOIR issued guidance to agency staff regarding the adjudication of motions to reopen by respondents ordered removed in absentia under MPP. The memorandum did not mandate any particular outcome in any particular case, but emphasized that immigration judges and the BIA are authorized to reopen cases for a range of reasons, including fairness concerns, and that where respondent and DHS jointly file a motion to reopen, the motion should generally be granted. The guidance also noted that the BIA and IJs have the authority to reopen cases sua sponte in exceptional situations.
View DocumentCurrent Status
Partially in effectJanuary 20, 2021Acted on by Biden Administration
February 11, 2021Acted on by Biden Administration
June 1, 2021Acted on by Biden Administration
June 24, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Actions: Agency Directive Change in PracticeSubject Matter: Asylum, Withholding and CAT BorderAssociated or Derivative Policies
- January 28, 2019 USCIS issues guidance for implementing Migrant Protection Protocols (MPP)
- January 28, 2019 CBP issues guidance for implementing 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, an asylum seeker at the border, upon demonstrating credible fear of persecution, was permitted to wait in the U.S. pending adjudication of the asylum claim.
8 U.S. Code § 1158
Documents
Trump-Era Policy Documents
- New Policy
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Prior Policy
Original Source:
8 U.S. Code § 1158 - Asylum
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Subsequent Action
Original Source:
ACLU - Innovation Law Lab v. Wolf
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Subsequent Action
Original Source:
Immigrant Defenders Law Center v. Wolf - Complaint (Oct. 28, 2020)
- 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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Commentary
Original Source:
HRW | Q&A: Trump Administration’s “Remain in Mexico” Program
- Commentary
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Other
Original Source:
Matter of M-D-C-V- (BIA 2020)
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Other
Original Source:
Mendoza-Portillo BIA Amicus Invitation
Commentary
HRW | Q&A: Trump Administration’s “Remain in Mexico” Program
Human Rights Watch published a Q&A raising awareness of MPP's consequences on the one-year anniversary of its implementation.
Go to articleCRS | Supreme Court Grants Stay in MPP Case
On March 18, 2020, the Congressional Research Service released a report on the effect of the stay issued by the Supreme Court on March 11, 2020 in Wolf v. Innovation Law Lab, which allowed the Trump Administration to continue enforcing its Migrant Protection Protocols (MPP) while litigation concerning MPP's legality continued.
Go to article7 asylum-seekers to reunite with families in Massachusetts after ‘Remain in Mexico’ policy suspended
District court injunction on Feb. 13, 2021 orders the federal government to allow seven asylum-seekers to enter the United States. All of the plaintiffs have now been processed out of MPP and released so they may be reunited with their families in Massachusetts.
Go to article on masslive.com