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USCIS issues guidance for implementing Migrant Protection Protocols (MPP)

  1. Original Date Announced

    January 28, 2019

    USCIS 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 Protocols
  2. Effective Date

    January 28, 2019
  3.  
  4. Biden Administration Action

    January 20, 2021

    DHS 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 Document
  5. Biden Administration Action: Revoked/Replaced

    June 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.

    View Document
  6. Biden Administration Action: Modified

    June 28, 2021

    2021.07.04 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 Document
  7. Biden Administration Action: Revoked/Replaced

    October 29, 2021

    2021.10.29 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 Document
  8. Biden Administration Action: Modified

    December 2, 2021

    2021.12.02 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 Document

Current Status

Partially in effect
January 20, 2021
Acted on by Biden Administration
June 1, 2021
Acted on by Biden Administration
June 28, 2021
Acted on by Biden Administration
October 29, 2021
Acted on by Biden Administration
December 2, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Agency Directive
Agencies Affected: CBP USCIS

Pre Trump-Era Policies

  • 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

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

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