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Original Date Announced
August 2, 2019Pursuant to the MPP, the U.S. government has reportedly sent approximately 3,000 people with pending U.S. immigration proceedings to wait in Mexico’s Tamaulipas state under the MPP program. According to the Tamaulipas state immigration office, the United States is sending back groups of 50 to 100 migrants almost daily to the border city of Matamoros.
[ID #98]
AP: 900 asylum seekers returned to wait in Mexican border cityEffective Date
July 19, 2019Subsequent Trump-Era and Court Action(s)
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March 11, 2020
ACLU | Innovation Law Lab v. Wolf
A federal district court judge initially enjoined the MPP policy, but 9th Circuit stayed the injunction pending further litigation. Subsequently, on March 11, 2020, the Supreme Court issued an order allowing MPP to continue in force. See Innovation Law Lab v. Nielsen, Case No. 3:19-cv-00807 (N.D. Cal.).
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
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.**
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Biden Administration Action: Revoked/Replaced
June 1, 20212021.06.01 Termination of the Migrant Protection Protocols Program
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
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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."Current Status
Partially in effectJune 1, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Reported In LitigationTrump Administration Action: Change in PracticeSubject Matter: Asylum, Withholding and CAT BorderAssociated or Derivative Policies
- October 28, 2019 DHS extends Migrant Protection Protocols to Eagle Pass, TX Port of Entry
- January 2, 2020 DHS begins implementing Migrant Protection Protocols (MPP) at Port of Nogales
- January 29, 2020 DHS expands MPP to Brazilian nationals
Pre Trump-Era Policies
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October 29, 2018
MPP implementation began at the San Ysidro port of entry on or about January 28, 2019 with the intention that MPP implementation would expand eventually across the southern border. Prior to MPP, an asylum seeker at the border, upon demonstrating a credible fear of persecution, was permitted to wait in the U.S. pending their removal hearing and asylum adjudication.
8 U.S.C. § 1158 - Asylum