DHS Begins Undoing Migrant Protection Protocols

On February 12, 2021 the Department of Homeland Security (DHS) announced, in English and Spanish, the process they intend to begin implementing to assist individuals stuck in Mexico as a result of the Trump Administration’s “Remain in Mexico” policies (formally known as the Migrant Protection Protocols or “MPP”). This is one of many next steps necessary to move forward goals announced in a series of executive actions by President Biden on Administration in his first two weeks in office.

• The MPP were first put in place in December, 2018 and have affected over 70,000 asylum seekers, most of whom were forced to live in dangerous conditions at the Mexico-US border while they defended their asylum requests without any legal assistance. Over 90% of MPP Respondents in Immigration Courts were not able to obtain lawyers, and over 40,000 had their claims denied. Only 600 persons had their asylum applications approved in the year that the program was in effect. Not only did MPP undermine the application of our own laws and impede the US’ international obligations to protect individuals fleeing harm, it also created de facto refugee camps along the Mexico-US border, often in territories controlled by cartels and Transnational Criminal Organizations (TCOs).
  

• Per the DHS, today’s statement represents phase one of a program to assist those harmed by these policies and announces an upcoming registration process, to be led in conjunction with the government of Mexico and international and non-governmental organizations, for the approximately 25,000 individuals whose cases are still in process.

• The announcement does not impact the over 40,000 individuals who were previously in the program and were denied asylum, despite the clear due process concerns raised by MPP.