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DHS issues supplemental guidance for "additional improvement" of MPP

  1. Original Date Announced

    December 7, 2020

    DHS issues supplemental policy guidance on MPP. The guidance, which does not replace previous guidance, provides additional information on counsel participation in non-refoulement assessments (where it does not delay the interview), appeals processes, the treatment of family units, including mixed-nationality family units, the treatment of unaccompanied minors, exemptions from MPP for medical and mental health reasons, the use of restraints when transporting migrants, and interagency collaboration. [ID # 1230]

    See Biden administration action below.

    Supplemental Policy Guidance for Additional Improvement of the Migrant Protection Protocols
  2. Effective Date

    December 7, 2020
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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.

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  5. Biden Administration Action: Under Study

    September 29, 2021

    2021.09.29 DHS Announces Intention to New Memo Terminating MPP

    This Biden administration action announces its intention to revoke the Trump-era policy identified in this entry.

    On September 29, 2021, the Department of Homeland Security shared that it intends to issue a new memorandum terminating the Migrant Protection Protocols (MPP). This new memorandum terminating MPP will not take effect until the current injunction is lifted by court order (see above).

    In issuing a new memorandum terminating MPP, the Department intends to address the concerns raised by the courts with respect to the prior memorandum. 

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  6. Biden Administration Action: Revoked/Replaced

    October 29, 2021

    2021.10.29 MPP Termination Memo and Justification

    This Biden administration policy again revokes in its entirety the Trump-era policy identified in this entry.

    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 will not be terminated until the current preliminary injunction is lifted and is no longer in effect.

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  7. 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 reimplements the Trump-era policy identified in this entry.

    Referring to the courts' order to reimplement MPP, on December 2, 2021 DHS provided updated guidance on its good-faith reimplementation of MPP until the courts vacate the order to reimplement. This guidance includes substantive changes for the implementation of MPP made in consultation with the Mexican government.

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Current Status

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

Original Trump Policy Status

Trump Administration Action: Agency Directive
Agencies Affected: CBP ICE USCIS ORR EOIR DOS

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