“REMAIN IN MEXICO”

VOX – January 30, 2022

  • Migrants in Mexico are on their own against omicron: US border policies have left them stuck in Mexico without adequate health care access.

AP News – October 15, 2021

  • The Biden administration said it plans to reinstate a Trump-era border policy next month to make asylum-seekers wait in Mexico for hearings in U.S. immigration court, complying with a judge’s order.

5th Circuit – August 19, 2021

  • In an action concerning the Migrant Protection Protocols (MPP) created by the Secretary of DHS on December 20, 2018, and purportedly rescinded by DHS in a memorandum on June 1, 2021, the district court concluded that DHS’s purported rescission of MPP violated, inter alia, the Administrative Procedure Act (APA).
  • Several days later the U.S. Supreme Court refused to grant a stay on the reinstatement of MPP while the Biden administration appealed the federal court ruling.

White House – February 2, 2021 Executive Order

  • On January 21, Biden announced his intention to stop enrolling people into the Trump Administration Migrant Protocols Program which requires individuals seeking asylum to wait in Mexico until their claims are processed.
  • The order did not announce an end to MPP but does state the program will be reviewed.

Click here to read more about Biden Admin policies

DOJ – July 17, 2020

DHS and DOJ have outlined criteria used to determine when to resume MPP hearings. Once met, a public notification will be sent out at least 15 calendar days before resuming hearings. Social distancing, temperature checks, and other precautions will be taken upon resumption.

Criteria to restart hearings includes:
  • When California, Arizona, and Texas progress to Stage 3 of their reopening plans.[1]
  • When DOS[2] and CDC[3] lower their global health advisories to Level 2, and/or a comparable change in health advisories, regarding Mexico in particular.
  • When GOM’s “stoplight” system categorizes all Mexican border states (i.e., Tamaulipas, Nuevo Leon, Coahuila, Chihuahua, Sonora, and Baja California) as “yellow.”[4]

Click here to read more.

DOJ – March 23, 2020

Asylum seeker court hearings were postponed for a month due to COVID-19. All preliminary and merit hearings were suspended through April 22. Recently, DHS has announced that this postponement will last through July 20, 2020. Click here to read more about the original regulation and here for the recent update.

U.S. Court of Appeals for the Ninth Circuit – February 28, 2020

The court ruled the MPP legally invalid and upheld an injunction blocking the policy. The court stayed its decision, however, to allow the government time to appeal the ruling. Click here to read the opinion.

ACLU – February 28, 2020

ACLU’s comment’s on the “Remain in Mexico” stay: “This is a temporary step and does not change the fact that courts have ruled multiple times against this illegal policy. We will continue working to permanently end this unspeakably cruel policy.” Click here to read more.

USCIS – January 24, 2019

The Migrant Protection Protocols (MPP) are a U.S. Government action whereby certain foreign individuals entering or seeking admission to the U.S. from Mexico may be returned to Mexico to wait outside the U.S. for the duration of their immigration proceedings. Click here to read more.