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

Date Announced
Jan. 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]
View Policy Document
Effective Date of Change
Jan. 25, 2019
Subsequent Action
February 28, 2020
A federal district court enjoined the MPP policy on Apr. 8, 2019. 9th Circuit stayed the injunction pending appeal, and 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).

**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Innovation Law Lab v. Wolf--9th Cir. Opinion

Status: Final/Actual In Litigation

Type of Action: Agency Directive

Subject Matter: Asylum, Withholding and CAT Border

Agencies Affected: CBP ICE EOIR

Subsequent Action