Remain in Mexico program. Illustration purposes only.
Shelle Ann-Simon

Shelle Ann-Simon

Remain in Mexico program: The controversial policy will be reviewed again by the Supreme Court

The fate of the Remain in Mexico program, also known as Migrant Protection Protocols or MPPs will be discussed in the Supreme Court.

The future of the controversial Remain in Mexico program will be discussed in the Supreme Court this week. At the request of the Biden Administration, the Migrant Protection Protocols (MPP) that have been in force since January 2019 are going to be called into question and it will be considered whether to finish this policy.

Since February 18, the court promised to review the anti-immigrant policy in April, and everything indicates that we will see the final results by the summer of this year.

What is the Remain in Mexico program exactly?

The Migrant Protection Protocols (MPP) or Remain in Mexico program is a policy implemented during the Trump Era that requires asylum seekers to remain in Mexico while waiting for the United States immigration courts to process their cases. Those who enter the country without papers and request asylum in the United States are deported and forced to return to Mexico while they await the regularization of their immigration status.

It emerged as a response to the refusal of the Mexican government to recognize itself as a Safe Third Country for those seeking asylum. The Trump Administration, which at the time maintained a zero-tolerance policy, established the MPP without taking the matter to Congress, thus changing US asylum laws.

Remain in Mexico program. Illustration purposes only.

The future of the MPP

After a long wait, the Supreme Court agreed to begin discussing this matter at the request of the government and the Department of Justice (DOJ), looking whether to put an end to the Remain in Mexico program. They argue that the immigration measure is not effective, and does not serve as a tool to prevent illegal and irregular migration, in addition to putting immigrants at unnecessary risk and preventing the administration from properly implementing its immigration policies and efforts. The MPP also interferes negatively in the work of the national government regarding international relations and foreign policies.

Since the end of last year, the government has been battling for the court to put an end to the MPP once and for all. However, after many comings and goings, protests, and counter-protests, on December 6, 2021, the Department of Homeland Security (DHS) had no alternative but to put it back into force. This happened because prosecutors from the states of Texas and Missouri filed lawsuits against the DHS freezing of the policy.

Appeals to the 5th Circuit Court of Appeals to stop the policy were all in vain, and the government of Joe Biden was accused of acting in an illegal and unreasonable manner for trying to shut down the policy. The demands from the DHS and the administration to put an end to this policy returned again, in August and later in October, but still without satisfactory results for the government’s immigration agenda.

Since its inception in 2019, more than 70,000 asylum-seeking immigrants have been affected by the Remain in Mexico program, most of them abandoning their cases after being expelled to Mexico. This was due to personal fears of the interested parties to continue with their requests, in addition to organizational irregularities that ended up preventing the proper functioning of the process.

If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at 281-606-5362!

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