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Original Date Announced
January 28, 2019USCIS issues guidance for implementing the Migrant Protection Protocols (MPP). According to the guidance, USCIS asylum officers should only interview those individuals referred by DHS immigration officers to assess whether it is "more likely than not" that the individual would be persecuted or tortured in Mexico. The memo states that individuals will not be granted access to counsel in preliminary interviews before being returned to Mexico. Mexican nationals and unaccompanied minors are not subject to MPP.
[ID #67]
See Biden administration action below.
USCIS Policy Memorandum (PM-602-0169): Guidance for Implementing Section 235(b)(2)(C) of the Immigration and Nationality Act and the Migrant Protection ProtocolsEffective Date
January 28, 2019Subsequent Trump-Era and Court Action(s)
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March 11, 2020
Innovation Law Lab v. Wolf--9th Cir. Opinion
A federal district court enjoined the MPP policy on Apr. 8, 2019. The Ninth Circuit stayed the injunction pending appeal, and affirmed the injunction on Feb. 28, 2020. The Supreme Court stayed the injunction on Mar. 11, 2020, and granted cert. on Oct. 19, 2020. See Innovation Law Lab v. Wolf (N.D. Cal. 3:19-cv-00807) (9th Cir. 19-15716) (SCOTUS 19-1212). On Feb. 3, 2021, SCOTUS cancelled the oral argument at the Biden administration's request in light of the DHS directive suspending enrollments in the MPP program as of 1/21/21 and directing a review.
View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
August 13, 2021
2021.08.13 Texas v. Biden, Case No. 2:21-cv-00067-Z (N.D. Texas, Aug. 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 injunction is nationwide and is stayed for one week for the Biden administration to seek an appeal.
** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document -
August 19, 2021
Texas v. Biden, No. 21-10806 (5th Cir., Aug. 19, 2021).
On August 19, 2021, the Fifth Circuit denied the government's motion for a stay of Judge Kacsmaryk's nationwide injunction pending appeal.
** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document -
August 20, 2021
Biden v. Texas, No. 21A21 (U.S., August 20, 2021).
On August 20, 2021, Justice Alito temporarily stayed Judge Kacsmaryk's nationwide injunction until Tuesday, August 24, 2021, "so that the full Court can consider the application."
On August 24, the Supreme Court denied the government's motion for an emergency stay.
** 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
January 20, 2021DHS Statement on the Suspension of New Enrollments in the Migrant Protection Protocols Program
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.”
View DocumentBiden 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.
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.
View DocumentBiden Administration Action: Modified
June 28, 20212021.07.04 DHS MPP Expanded Criteria Announcement
This Biden administration policy provides ongoing guidance for DHS regarding people affected by the Trump-era policy identified in this entry.
Effective June 23, 2021, DHS announced that they will expand the pool of MPP-enrolled individuals who are eligible for processing into the United States. DHS will include MPP enrollees who had their cases terminated or were ordered removed in absentia (i.e., individuals ordered removed while not present at their hearings). DHS will continue to process for entry into the United States MPP enrollees with pending proceedings.
View DocumentBiden Administration Action: Revoked/Replaced
October 29, 20212021.10.29 MPP Termination Memo and Justification
This Biden administration policy again revokes in its entirety the Trump-era policy identified in this entry.
On October 29, 2021, DHS Secretary Mayorkas issued a new memo terminating the MPP program. The Biden administration remains under a court order requiring that it implement MPP in good faith. The program cannot be terminated until the current preliminary injunction is lifted and is no longer in effect.
View DocumentBiden Administration Action: Modified
December 2, 20212021.12.02 Guidance regarding the Court-Ordered Reimplementation of the Migrant Protection Protocols
This Biden administration policy re-implements the Trump-era policy identified in this entry.
Adhering to the courts' order to reimplement MPP, DHS provides updated and comprehensive guidance on its good faith reimplementation of MPP until the courts vacate the order to reimplement. This guidance includes substantive changes in the implementation of MPP made in consultation with the Government of Mexico.
View DocumentCurrent Status
Partially in effectJanuary 20, 2021Acted on by Biden Administration
June 1, 2021Acted on by Biden Administration
June 28, 2021Acted on by Biden Administration
October 29, 2021Acted on by Biden Administration
December 2, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Agency DirectiveSubject Matter: Asylum, Withholding and CAT BorderAssociated or Derivative Policies
- December 20, 2018 DHS announces Migrant Protection Protocols
- January 28, 2019 CBP issues guidance for implementing Migrant Protection Protocols (MPP)
- February 12, 2019 ICE issues guidance on Migrant Protection Protocols (MPP)
Pre Trump-Era Policies
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December 23, 2008
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
Documents
Trump-Era Policy Documents
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New Policy
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Prior Policy
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Subsequent Action
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Subsequent Action
Original Source:
Texas v. Biden, Case No. 2:21-cv-00067-Z (N.D. Texas, Aug. 13, 2021)
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Subsequent Action
Original Source:
Texas v. Biden, No. 21-10806 (5th Cir., Aug. 19, 2021).
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Subsequent Action
Original Source:
Biden v. Texas, No. 21A21 (U.S., August 20, 2021).
Biden Administration Policy Documents
- Biden Administration Action
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Biden Administration Action
Original Source:
Termination of the Migrant Protection Protocols Program
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Biden Administration Action
Original Source:
Migrant Protection Protocols
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Biden Administration Action
Original Source:
Migrant Protection Protocols (MPP) Termination Memo
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Biden Administration Action
Original Source:
Court-Ordered Reimplementation of MPP Policy Guidance
Commentary
Law360: Ex-Judges, Advocates Bash 'Remain In Mexico' Restart Order
Law360: Ex-Judges, Advocates Bash 'Remain In Mexico' Restart Order
Go to article on law360.com