The Migrant Protection Protocols (MPP), commonly known as "Remain in Mexico," is a U.S. Department of Homeland Security program first announced in December 2018 and implemented beginning in January 2019 under the Trump administration. Under MPP, certain non-Mexican nationals arriving at the U.S. southwest border—typically asylum seekers from Central America and later other regions—were returned to Mexico to await their removal proceedings in U.S. immigration courts.
DHS justified the program under section 235(b)(2)(C) of the Immigration and Nationality Act, which permits the return of certain arriving aliens to a contiguous territory pending proceedings. Mexico agreed to accept returnees on humanitarian grounds and pledged to provide them with work authorization and protection, though human rights organizations including Human Rights First and Amnesty International documented widespread reports of kidnapping, assault, and extortion against MPP enrollees waiting in Mexican border cities such as Ciudad Juárez, Tijuana, and Matamoros.
The Biden administration suspended new enrollments in January 2021 and formally terminated MPP in June 2021. Texas and Missouri sued, and a federal district court ordered the program reinstated. The case reached the Supreme Court, which ruled in Biden v. Texas (2022) that the federal government had the discretion to end MPP. The program was wound down again following that decision.
Key features of MPP included:
- Scope: Applied to non-Mexican Spanish-speaking nationals (and later expanded categories), excluding unaccompanied minors and certain vulnerable populations.
- Process: Migrants received a Notice to Appear and were returned to Mexico between hearings.
- Outcomes: According to TRAC Immigration data, the vast majority of MPP cases resulted in removal orders, often issued in absentia, and grant rates for asylum were extremely low compared to non-MPP cases.
MPP became a focal point in debates over U.S. asylum obligations under the 1951 Refugee Convention and its 1967 Protocol, particularly regarding non-refoulement and access to counsel.
Example
In 2019, a Honduran family seeking asylum at the El Paso–Ciudad Juárez crossing was enrolled in MPP and required to wait in Mexico for their U.S. immigration court hearings.
Frequently asked questions
No. After litigation and the Supreme Court's 2022 ruling in Biden v. Texas affirming the government's authority to end it, the program was terminated and wound down.
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