A controversial policy established during the Trump administration to require immigrants seeking asylum to remain in Mexico while being processed by the United States has been declared a victory by Texas Attorney General Ken Paxton, who filed a lawsuit against the Biden administration to block the termination of the policy. The first port of entry to resume hearing MPP cases opened on December 6.
President Joe Biden ended the program shortly after being sworn in, but the Texas lawsuit resulted in an August 2021 US District Court decision requiring the policy to be reinstated. The U.S. Supreme Court refused to block the ruling, forcing the administration to reinstate the Migrant Protection Protocols (MPP), also known as the ‘Remain in Mexico’ policy.
The policy slowed the influx of immigrants to the U.S. when it went into effect in 2019, but human rights organizations and many Democrats criticized it for creating unsafe and unsanitary conditions along the border. Some opponents of the policy believe it had less of a deterrent effect on immigration than other factors, including the COVID-19 pandemic.
In a press release sent December 6, Paxton said the reversal is a win for southern border towns in Texas.
“The restoration of the ‘Remain in Mexico’ program is a huge win for Texas! This is one of the many lawsuits I have filed against the Biden Administration,” Paxton said in the statement. “I will continue to fight to restore safety and order along our southern border, making sure that this essential program is implemented in full compliance with the court’s order.”
Paxton said the policy should be in effect by the second week of December. The policy will reopen and expand facility efforts in Brownsville, Laredo, and El Paso. The Department of Homeland Security has said they will work to legally end the program.
In the meantime, DHS has restructured aspects of the policy, which was introduced on December 2, pending an agreement with Mexico. Officials in that country agreed to the terms, and the first MPP facility returned to operation on December 6.
The new version of the policy increases some aspects of protection. Notably, the prior agreement allowed only immigrants from Spanish-speaking countries and Brazil to enroll, leaving tens of thousands of Haitian immigrants excluded from protections.
Significant changes to the agreement help offer better protections for many vulnerable groups, including the elderly, disabled, LGBTQ, and others who could face an increased risk of harm if left in Mexico.
The new policy aims to speed up the processing by completing the necessary legal process within six months. Twenty-two judges will be assigned specifically for hearing asylum claims from MPP participants.
