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DHS issues policy guidance for implementation of Migrant Protection Protocols (MPP)

  1. Original Date Announced

    January 25, 2019

    DHS's policy guidance details Secretary Nielsen's legal justification for the Migrant Protection Protocols (MPP) under INA section 235(b)(2)(C) categorizing the policy as prosecutorial discretion. MPP allows DHS to return citizens and nationals of countries other than Mexico arriving in the United States by land from Mexico - without inspection or proper documentation - to be returned to Mexico during the pendency of their removal proceedings.

    [ID #371]

    See Biden administration action below.

    DHS Memorandum: Policy Guidance for Implementation of the Migrant Protection Protocols
  2. Effective Date

    January 25, 2019
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  4. 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
  5. Biden Administration Action: Revoked/Replaced

    October 29, 2021

    Termination 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 The program cannot be terminated until the current preliminary injunction is lifted and is no longer in effect.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 Document
  6. Biden Administration Action: Modified

    December 2, 2021

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

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

    Adhering to the courts' order to reimplement MPP, DHS provides updated and comprehensive guidance on its good faith reimplementation of MPP until the courts vacate the order to reimplement. This guidance includes substantive changes in the implementation of MPP made in consultation with the Government of Mexico.

    View Document

Current Status

Partially in effect
June 1, 2021
Acted on by Biden Administration
October 29, 2021
Acted on by Biden Administration
December 2, 2021
Acted on by Biden Administration

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