What Is the “Remain in Mexico” Policy?
In 2018, the Trump administration implemented the “Migrant Protection Protocols (MPP),” which is often referred to as the “Remain in Mexico” policy. Under the policy, US asylum-seekers have been forced to return to Mexico while they wait for their court hearing.
The Harmful Effects of this Policy:
The first iteration of this policy didn’t protect asylum-seekers, nor did it expedite or improve the asylum process. Under this policy, migrants:
- Faced dangers in border towns, including but not limited to kidnapping, assault, family separation, and a lack of access to health services and humanitarian aid.
- Were not allowed to receive due process as data suggests that a relatively low number of migrants were able to attain legal counsel—let alone win their asylum case.
- Were left in limbo as hearings were suspended indefinitely because of the COVID-19 pandemic.
“Remain in Mexico” Policy & the Biden Administration
During his campaign, President Biden promised to end MPP, and at the beginning of his term, the Biden Administration began to phase out this policy. However, later in 2021, Texas and Missouri filed a lawsuit against the administration over the policy’s cancellation, and the courts ruled in favor of Texas/Missouri, forcing the “Remain in Mexico” policy to be reinstated (subject to Mexico’s agreement).
The Biden administration has asked the Supreme Court to review the lower court’s decision to force the resurrection of MPP. However, the “Remain in Mexico 2.0” came into effect in early December 2021. With the new iteration of the policy, Mexico has asked that humanitarian improvements be made to the program. The administration has also made its changes, which include:
- Those subject to the policy will be vaccinated against COVID-19 before returning to Mexico.
- Courts will try to conclude cases within 180 days.
- Migrants will be asked outright if they are afraid to return to Mexico, and if they express fear and are found credible, migrants will be screened and allowed 24 hours to find an attorney.
- Migrants will be allowed to meet with their legal counsel before each hearing as more locations for video and phone access are being created.
- Migrants from the Western Hemisphere may be eligible.
- Those with physical and mental health challenges, at risk of discrimination, and elderly are no longer eligible for enrollment in the program.
- Transportation to and from hearings will be improved with consideration to safety.
- Migrants in the program will be removed from the Laredo and Brownsville courts to interior cities for their safety.
Contact Our Immigration Attorneys
At Milla & Associates, our immigration attorneys understand how complex and challenging immigration matters can be, especially when the regulations and policies are constantly changing. To ensure we can provide our clients with reliable representation, we are dedicated to staying up to date with future updates and decisions concerning the “Remain in Mexico” policy (as well as other immigration policies and reforms).
We know that this is so much more than a case—it’s your life. For those affected by MPP, looking to file asylum, or who have an asylum application pending, we are happy to answer any questions you may have or be your legal counsel.
To schedule a consultation with our legal team, please reach out to us online or at (312) 702-1782. Se habla español!