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Original Date Announced
October 28, 2019DHS will implement the Migrant Protection Protocols (MPP) program at the Eagle Pass, TX port of entry, increasing to six the number of ports of entry engaged in implementing the MPP program. According to the DHS Press Release, the Mexican Government has agreed to "accept returns." Asylum seekers attend immigrations hearings at a temporary hearing facility in Laredo, Texas.
[ID #110]
DHS Expands MPP Operations to Eagle PassEffective Date
October 28, 2019Subsequent 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 DocumentCurrent Status
Partially in effectJune 1, 2021Acted 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
- December 20, 2018 DHS announces Migrant Protection Protocols
- August 2, 2019 Reported: MPP program expanded to easternmost southern border
- September 6, 2019 DHS and DOJ are erecting virtual immigration courtrooms for MPP cases along the Southern Border
- January 2, 2020 DHS begins implementing Migrant Protection Protocols (MPP) at Port of Nogales
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
Commentary
VOA | US Adds Sixth City to Controversial 'Remain in Mexico' Program
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