The rule that forced asylum seekers to stay in Mexico

In 2019, the Trump administration, in an attempt to restructure the local immigration system, implemented the policy called MPP (Migrant Protection Protocols), also known as “Remain in Mexico”.

This rule states that asylum seekers cannot enter the US before legitimately receiving political asylum status from an immigration officer or judge.

As a result, this policy forced hundreds of thousands of asylum seekers to remain in Mexican territory until they received a response to their immigration cases, which can take several months or even more than a year.

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The MPP policy under the Biden administration

Since launching his political campaign for the 2020 election, President Biden openly stated that it was imperative to remove restrictive policies like the MPP, which affect the integrity of the most vulnerable immigrant communities such as asylum seekers.

Therefore, one of his first actions as president was to suspend new enrollments in the MPP program, propose an asylee resettlement plan, and in early June, his administration permanently rescinded this policy.

Since then, the Biden administration has faced several challenges:

1. In early August, a federal judge for the Northern District of Texas (who was appointed by Trump) ordered the Biden administration to reimplement the MPP policy, arguing that it was terminated without following regular protocols.
2. In late August, the Biden administration asked the US Supreme Court to block the Texas judge’s verdict regarding the MPP policy. However, the Supreme Court upheld the judge’s decision.

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Biden’s DHS plans to end the “Remain in Mexico” program again

On Wednesday, September 29, Biden’s DHS (Department of Homeland Security) announced that it will issue another memorandum to rescind the MPP policy again over the next few weeks.

The Biden administration explains that this new memo will effectively address the comments and concerns of the Texas judge and the Supreme Court regarding the regular process that must be followed to rescind a rule such as the MPP.

In fact, the DHS Secretary (Alejandro Mayorkas) openly stated, “In issuing a new memorandum terminating MPP, the Department intends to address the concerns raised by the courts with respect to the prior memorandum”, but also explained that “A new memorandum terminating MPP will not take effect until the current injunction is lifted by court order”.

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Follow expert advice during your immigration process!

If you, a family member, or a friend need help with an immigration case, then feel free to contact Motion Law Immigration today and schedule a FREE Consultation with one of our expert immigration attorneys. Our team will be happy to guide you through your immigration journey in the US.

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