Original Date Announced

Section 6 of Executive Order (EO) 14165 "Securing Our Borders" directs the Secretary of Homeland Security, as soon as practicable, to work with the Secretary of State and the Attorney General to "take all appropriate action to resume the Migrant Protection Protocols [MPP or "Remain in Mexico" program] in all sectors along the southern border and ensure that, pending removal proceedings, aliens described in section 235(b)(2)(C) of the INA (8 U.S.C. § 1225(b)(2)(C)) are returned to the territory from which they came."

Trump 2.0 [ID # 1417]

Subsequent Trump and Court Action

2025.01.21 DHS Reinstates Migrant Protection Protocols

DHS announced that Acting DHS Secretary Benjamine Huffman is "immediately" reinstating the Migrant Protection Protocols (MPP) ("Remain in Mexico"), noting that "[t]he situation at the border has changed and the facts on the ground are favorable to resuming implementation of the 2019 MPP Policy."

Subsequent Trump and Court Action

2025.01.27 EOIR PM 25-05

EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-05 rescinding and cancelling Biden-era PM 21-26, which provided guidance to immigration judges and the Board of Immigration Appeals on adjudicating Motions to Reopen for respondents who had been placed in the Migrant Protection Protocols (MPP). PM 25-05 states that PM 21-26 "no longer accurately represents the policy of the Executive Branch, including DHS and DOJ," after DHS resumed MPP on January 21, 2025, in response to the directive in President Trump's "Securing Our Borders" EO.

Subsequent Trump and Court Action

2025.01.31 Joint Brief on Reinstatement of Migrant Protection Protocols - Texas v. Biden

In light of MPP's reinstatement, the parties in Texas v. Biden filed a joint brief requesting "the court hold this case in abeyance for 180 days while incoming leadership" at DHS "assess[] this case and how to proceed." Notably, this filing represents to the court that MPP will "be operational" within 180 days. Texas v. Biden, No. 2:21-cv-00067 (N.D. Tex.).

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

Subsequent Trump and Court Action

2025.02.11 Motion for Stay - Immigrant Defenders Law Center v. Noem

Plaintiff Immigrant Defenders Law Center filed an emergency motion to stay reimplementation of the 2019 Migrant Protection Protocols pending the lawsuit's conclusion. The case challenges unlawful implementation of the 2019 policy, which the Trump administration says has "immediately" resumed. Immigrant Defenders Law Center v. Noem, No. 2:20-cv-09893 (C.D. Cal.).

**Link to case here. See litigation notes above**

Subsequent Trump and Court Action

2025.04.16 Order Granting Motion for Stay - Immigrant Defenders Law Center v. Noem

The U.S. District Court for Central District of California granted plaintiff's motion to stay MPP's reimplementation pending the lawsuit's conclusion. The court found that the policy likely infringes upon the legal rights of asylum seekers and obstructs access to legal representation. Specifically, the court noted that over 90% of individuals subjected to MPP lacked legal counsel and that the policy impeded organizations like ImmDef from effectively communicating with and advising their clients.​ Immigrant Defenders Law Center v. Noem, No. 2:20-cv-09893 (C.D. Cal.).

**Link to case here. See litigation note above**

Subsequent Trump and Court Action

2025.04.025_Federal Register, Notice of Availability of a Draft PEA for MPP

The Department of Homeland Security (DHS) announced the availability of the Draft Programmatic Environmental Assessment (PEA) and Draft Finding of No Significant Impact (FONSI) for the proposed resumption of the Migrant Protection Protocols (MPP) Program as directed by EO 14165 "Securing Our Borders ."

The Draft PEA is supposed to evaluate "the potential environmental, cultural, socioeconomic, and physical impacts" associated with the resumption of MPP. The assessment will also "provide programmatic-level recommendations for [Best Management Practices] BMPs to avoid or minimize impacts on the environment[.]" DHS notes that MPP program activities "that could occur during the operational phases of the program, such as new construction of temporary facilities to support immigration proceedings, would still require review on a project-specific basis."

Public comments on the draft PEA and FONSI are due by May 27, 2025.

Subsequent Trump and Court Action

2025.07.18 Order - Immigrant Defenders Law Center v. Noem

The Ninth Circuit issued an order barring the government from enrolling current and future clients of the Immigrant Defenders Law Center in MPP. This order narrows the nationwide stay of the reimplementation of MPP ordered by the district court on April 16. Immigrant Defenders Law Center v. Noem, No. 25-2581 (9th Cir.).

**Link to case here. See litigation note above**