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DHS announces Migrant Protection Protocols

  1. Original Date Announced

    December 20, 2018

    DHS 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 Announcement
  2. Effective Date

    December 20, 2018
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  4. Biden Administration Action

    January 20, 2021

    DHS 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 Document
  5. Biden Administration Action

    February 11, 2021

    2021-02-11 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 Document
  6. 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.

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  7. Biden Administration Action

    June 24, 2021

    Migrant 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.

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Current Status

Partially in effect
January 20, 2021
Acted on by Biden Administration
February 11, 2021
Acted on by Biden Administration
June 1, 2021
Acted on by Biden Administration
June 24, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Actions: Agency Directive Change in Practice
Agencies Affected: CBP USCIS

Pre Trump-Era Policies

  • 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

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 article
  • CRS | 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 article
  • 7 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

Documents

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