Pandemic: Year Two
The U.S. Supreme Court finally looks at the “remain in Mexico” policy.
The Migrant Protection Protocols (MPP) also known as the “remain in Mexico” policy allowed the United States to return undocumented individuals seeking admission into the country from Mexico back to Mexico for the duration of their immigration proceedings.
The Trump administration implemented the MPP program in January 2019. The policy indicated that Mexico would provide them all with humanitarian protections. However, there are publicly reported cases of migrants being kidnapped, raped, tortured, or assaulted. In addition to the inadequate access to water and medical care, the unsanitary living conditions left many vulnerable to illnesses. Merely four percent of individuals were represented by counsel. At times, attorneys only had one hour to meet with their clients before hearings.
The Covid-19 pandemic arrived just one year after the policy implementation. The living conditions worsened, and the mortality rate rose. Revisiting the legality of the policy became more urgent with debates of the inhumane conditions of these border camps.
On January 21, 2021, President Biden suspended the policy — just one day after his inauguration. The large influx of migrants seeking admission are asylum seekers. The reality is that these migrants are fleeing their countries because they fear persecution. Now with the pandemic, it only heightened the risk.
On December 6, 2021, the MPP was officially reinstated after a federal court in Texas ordered the Department of Homeland Security (DHS) to do so. The Supreme Court of the United States (SCOTUS), the highest court in the country, will be hearing arguments regarding the implementation of the MPP. They will be arguing the implementation of policies under different administrations. The oral arguments are expected to begin in April, with a final decision expected by the end of June.
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Migration Resource Center views each case as unique; therefore, it is essential to consult with legal counsel before starting your case as some other options may be available. Of course, you may always contact us to begin your consultation. Please call us at (646) 609-8805 or use our webform to schedule a free immigration consultation.
BY: Gisette Paez, MRC Legal Immigration Fellow