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Original Date Announced
January 2, 2020DHS announces that it is processing individuals under the Migrant Protection Protocols (MPP) at the Nogales Port of Entry, thus bringing the total number of ports deploying MPP to seven. [ID #119]
See Biden administration action below.
DHS Begins MPP Returns at Nogales Port of Entry in ArizonaEffective Date
January 2, 2020Subsequent Trump-Era and Court Action(s)
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February 28, 2020
Ninth Circuit--Innovation Law Lab v. Wolf
A federal district court enjoined the MPP policy on Apr. 8, 2019. 9th Circuit stayed the injunction pending appeal, and then affirmed the injunction on Feb. 28, 2020. Supreme Court stayed the injunction on Mar. 11, 2020, and granted cert on Oct. 19, 2020. Oral argument is expected in Feb. 2021. See Innovation Law Lab v. Wolf (N.D. Cal. 3:19-cv-00807)(9th Cir. 19-15716)(SCOTUS 19-1212).
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**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 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 case is State of Texas v. Biden, 2:21-cv-00067-Z. The injunction is nationwide and was stayed for one week for the Biden administration to seek an appeal. The Fifth Circuit declined to further stay the injunction on August 19, 2021. On August 24, the Supreme Court denied the government's motion for an emergency stay. The Fifth Circuit decision indicated that the government retains the option to parole asylum seekers into the U.S. and is not limited to "return to Mexico or detain" as the district court decision stated. The government's appeal of the district court decision and injunction is pending with the Fifth Circuit as of August 27, 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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Biden 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: Revoked/Replaced
October 29, 2021Termination of the Migrant Protection Protocols
On October 29, 2021, DHS Secretary Mayorkas issued a new memo terminating the MPP program. The Biden administration remains under a court order requiring that it implement MPP in good faith. The program cannot be terminated until the current preliminary injunction is lifted and is no longer in effect.
View DocumentCurrent Status
Partially in effectJune 1, 2021Acted on by Biden Administration
October 29, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Change in PracticeSubject Matter: Asylum, Withholding and CAT Border Hearings and AdjudicationsAssociated or Derivative Policies
- December 20, 2018 DHS announces Migrant Protection Protocols
- April 1, 2019 DHS orders personnel surge and expansion of Migrant Protection Protocols (MPP) at southern border
- August 2, 2019 Reported: MPP program expanded to easternmost southern border
- October 28, 2019 DHS extends Migrant Protection Protocols to Eagle Pass, TX Port of Entry
Pre Trump-Era Policies
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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