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Original Date Announced
January 25, 2019DHS'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 ProtocolsEffective Date
January 25, 2019Subsequent Trump-Era and Court Action(s)
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February 28, 2020
Innovation Law Lab v. Wolf--9th Cir. Opinion
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).
View Document
**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.**
View Document
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 DocumentBiden Administration Action: Modified
December 2, 20212021.12.02 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 DocumentCurrent Status
Partially in effectJune 1, 2021Acted on by Biden Administration
October 29, 2021Acted on by Biden Administration
December 2, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Agency DirectiveSubject Matter: Border Asylum, Withholding and CATAssociated or Derivative Policies
- January 28, 2019 USCIS issues guidance for implementing Migrant Protection Protocols (MPP)
- January 28, 2019 CBP issues guidance for implementing Migrant Protection Protocols (MPP)
- November 14, 2019 Internal DHS report makes recommendations regarding MPP implementation
- March 23, 2020 COVID-19: DHS and EOIR jointly announce rescheduling of MPP hearings
Documents
Trump-Era Policy Documents
- New Policy
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Subsequent Action
Original Source:
Ninth Circuit opinion
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Subsequent Action
Original Source:
Texas v. Biden, Case No. 2:21-cv-00067-Z (N.D. Texas, Aug. 13, 2021)