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Court Ordered Reimplementation of the Migrant Protection Protocols

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The Migrant Protection Protocols (MPP) is a U.S. Government program, initiated in January 2019 pursuant to Section 235(b)(2)(C) of the Immigration and Nationality Act (INA). Under MPP, the United States returns to Mexico certain citizens and nationals of countries other than Mexico while their U.S. removal proceedings are pending. MPP applies to those who arrive from Mexico by land.

On June 1, 2021, the Secretary of Homeland Security determined that the Migrant Protection Protocols should be terminated and issued a memorandum to that effect. On August 13, 2021, however, the U.S. District Court for the Northern District of Texas determined in Texas v. Biden that the June 1, 2021, memo was not issued in compliance with the Administrative Procedure Act and INA and ordered the Department of Homeland Security (DHS) to “enforce and implement MPP in good faith.” (emphasis in original).  See Texas v. Biden, No. 2:21-cv-067, 2021 WL 3603341 (N.D. Tex. Aug. 13, 2021).

On October 29, 2021, after an extensive and comprehensive review, the Secretary of Homeland Security issued a new memorandum terminating MPP, which DHS will implement as soon as practicable after issuance of a final judicial decision to vacate the Texas injunction.  Until that time, the Department will continue to comply with the Texas injunction requiring good-faith implementation and enforcement of MPP.

This website provides information, resources, and answers to common questions about the MPP process. The information is intended for all audiences, including lawyers, individuals enrolled in MPP, and members of the public. The sections titled “For Noncitizens in MPP:  Information and Reminders” and “Additional Resources” will be particularly helpful for individuals enrolled in MPP. 

Last Published Date: December 6, 2021

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