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EO 14165 § 6 directs DHS, DOS, and DOJ to resume Migrant Protection Protocols

  1. Original Date Announced

    January 20, 2025

    Section 6 of Executive Order (EO) "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]

    2025.01.20 EO 14165 - Securing Our Borders

  2. Effective Date

    January 20, 2025

  3. Subsequent Trump and Court Action(s)

    • January 27, 2025

      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 BIA 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.

      View Document
    • January 31, 2025

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

      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 within 180 days "be operational." Texas v. Biden, No. 2:21-cv-00067-Z (N.D. Tex.).

      Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker.

      View Document
    • February 11, 2025

      2025.02.11 Immigrant Defenders Law Center, et al. v. Kristi Noem, et al. Complaint

      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 policy, which the Trump administration says has "immediately" resumed. Immigrant Defenders Law Center v. Kristi Noem, 2:20-cv-09893-JGB-SHK (C.D. Cal.).

      Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker.

      View Document

Current Status

None

Original Trump Policy Status

Status: Final/Actual In Litigation
Trump Administration Action: Presidential Orders
Subject Matter: Border Asylum, Withholding and CAT
Agencies Affected: DHS DOJ DOS

Associated or Derivative Policies

Pre Trump-Era Policies

Documents

Trump-Era Policy Documents

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