Original Date AnnouncedAugust 2, 2019
Pursuant to 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. 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 city
See Biden administration action below.
Effective DateJuly 19, 2019
Subsequent Trump-Era and Court Action(s)
March 11, 2020
ACLU | Innovation Law Lab v. Wolf
A federal district court judge initially enjoined the MPP policy, but the 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, and granted certiorari on Oct. 19, 2020. Oral argument scheduled for Feb. 2021 was postponed and then dismissed as moot at the new administration's request. 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.
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.
The Fifth Circuit declined to 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.
** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**View Document
Biden Administration Action: Revoked/ReplacedJune 1, 2021
2021.06.01 Termination of the Migrant Protection Protocols Program
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
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."
Biden Administration Action: Approved/RetainedDecember 2, 2021
2021.12.02 Guidance regarding the Court-Ordered Reimplementation of the Migrant Protection Protocols
This Biden administration policy reimplements the Trump-era policy identified in this entry.
On December 2, 2021, referencing the court order to reimplement MPP, DHS provides updated guidance on its good-faith reimplementation of MPP until the district court vacates its injunction. This guidance includes substantive changes to the implementation of MPP made in consultation with the Mexican government.View Document
Current StatusPartially in effectJune 1, 2021
Acted on by Biden AdministrationDecember 2, 2021
Acted on by Biden Administration