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ICE issues guidance on Migrant Protection Protocols (MPP)

  1. Date Announced

    Feb. 12, 2019

    ICE issues policy guidance following the Trump Administration's December announcement on the Migrant Protection Protocols. The ICE guidance provides an overview of MPP, and ICE's role in return certain individuals who arrived from Mexico to Mexico for the duration of their INA 240 proceedings.

    [ID #70]

    See Biden administration action below.

    View Policy Document View Policy Document
  2. Effective Date of Change

    Feb. 12, 2019
  3. Subsequent Action

    March 11, 2020

    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).

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    Innovation Law Lab v. Wolf
  4. Biden Administration Action

    January 20, 2021

    This Biden administration policy modifies the Trump-era policy identified in this entry.

    On January 20, 2021, DHS announced it will stop new enrollments in the MPP program: “Effective tomorrow, January 21, the Department will cease adding individuals into the program. However, current COVID-19 non-essential travel restrictions, both at the border and in the region, remain in place at this time. All current MPP participants should remain where they are, pending further official information from U.S. government officials.”

    DHS Statement on the Suspension of New Enrollments in the Migrant Protection Protocols Program
  5. 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
Type of Action: Agency Directive
Agencies Affected: ICE EOIR

Prior Policies

  • Previously, individuals expressing a fear of return were referred to an asylum officer for a credible or reasonable fear interview, and were permitted to wait in the U.S. pending adjudication of their claim.

    8 U.S. Code § 1158

Subsequent Action

Biden Administration Actions

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