Original Date AnnouncedJanuary 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.
See Biden administration action below.DHS Memorandum: Policy Guidance for Implementation of the Migrant Protection Protocols
Effective DateJanuary 25, 2019
Subsequent Trump-Era and Court Action(s)
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/ReplacedJune 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
Biden Administration Action: Revoked/ReplacedOctober 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
Biden Administration Action: ModifiedDecember 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 StatusPartially in effectJune 1, 2021
Acted on by Biden AdministrationOctober 29, 2021
Acted on by Biden AdministrationDecember 2, 2021
Acted on by Biden Administration
Trump-Era Policy Documents
- New Policy