DHS issues memo to terminate the MPP again

On Friday, October 29, DHS (Department of Homeland Security) Secretary Alejandro Mayorkas issued a memorandum to rescind the MPP (Migrant Protection Protocols) policy again.

This action comes in the midst of a gigantic legal battle related to this policy, also called “Remain in Mexico”, which substantially transforms the political asylum process in the US.

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The MPP policy and its repercussions

In 2019, the Trump administration implemented the MPP rule, stating that asylum seekers should not enter the country before legitimately receiving political asylum status.

Broadly speaking, this policy forces asylum seekers to remain in Mexico while they receive a response to their immigration applications, which can take several months or even more than a year.

Naturally and unsurprisingly, hundreds of thousands of asylum seekers went through extremely risky and precarious situations in Mexican territory under this policy, mainly because they did not always have access to basic services and were at the mercy of local gangs.

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Background: MPP policy under Biden’s term

The Biden administration disagrees with many of the policies implemented by the Trump administration on the immigration system.

In fact, in June 2021, Biden’s DHS permanently rescinded the MPP policy, stating that it was an inefficient, unnecessary, and inhumane rule.

However, in mid-August, a federal judge in Texas ordered the Biden administration to reimplement the MPP policy since, in his opinion, it did not follow regular protocols when removing it.

Adding to that, a couple of weeks after this event, the Supreme Court upheld the Texas judge’s ruling to reinstate the MPP policy.

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The Biden administration’s arguments

The Biden administration explains that this new memorandum addresses the concerns of the Texas judge and the Supreme Court regarding the way in which the MPP policy was initially terminated.

Adding to that, the DHS Secretary states, “MPP had endemic flaws, imposed unjustifiable human costs, pulled resources and personnel away from other priority efforts, and did not address the root causes of irregular migration (…) It fails to provide the fair process and humanitarian protections that individuals deserve under the law”.

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