The Department of Homeland Security (DHS) has announced the immediate reinstatement of the Migrant Protection Protocols (MPP). This policy allows officials to return certain applicants for admission to neighboring countries while their removal proceedings are pending.
Initially introduced on January 25, 2019, by then-Secretary Kirstjen Nielsen, the MPP Policy is based on Section 235(b)(2)(c) of the Immigration and Nationality Act. This section grants DHS the authority to return applicants arriving from adjoining countries.
Attempts were made between January 20, 2021, and October 29, 2021, by Acting Secretary David Pekoske and later Secretary Alejandro Mayorkas to suspend or terminate the MPP Policy. However, these efforts were halted by a federal court order. "Order Granting Stay, Texas v. Biden," kept the policy in effect after Secretary Mayorkas's final attempt was stayed on December 15, 2022. The Department of Justice eventually dismissed its appeal seven months later.
Despite complying with court orders, DHS noted that circumstances previously rendered restarting MPP impossible. However, current conditions at the border have now become favorable for resuming the implementation of the policy as it was in 2019.
