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DHS orders personnel surge and expansion of Migrant Protection Protocols (MPP) at southern border

  1. Date Announced

    April 1, 2019

    DHS Secretary Nielsen issues a memorandum to CBP outlining new steps the agency must take, including reassigning hundreds of CBP personnel to the southern border and expanding the Migrant Protection Protocols (MPP), to return asylum seekers to Mexico during the pendency of their U.S. immigration proceedings. [ID #389]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    April 1, 2019
  3. Subsequent Action

    August 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.**

    2021.08.13 Texas v. Biden, Case No. 2-21-cv-00067-Z (N.D. Texas, Aug. 13, 2021)
  4. Biden Administration Action

    June 1, 2021

    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.

    2021.06.01 Termination of the Migrant Protection Protocols Program

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