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Immigration Law Associates, PC

New Memo Issued to Terminate “Remain in Mexico” Program

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On October 29, Secretary of Homeland Security Mayorkas issued a memorandum wherein he terminates the Migrant Protection Protocols (MPP) program, also known as the “remain in Mexico” program.

Secretary Mayorkas conducted an extensive review to assess whether MPP should be maintained, terminated, or modified. He studied court documents, relevant data, internal reviews, and publicly available materials, and met with a broad and diverse array of internal and external stakeholders, including DHS personnel as well as state and local officials and community leaders across the country. Secretary Mayorkas concluded that the benefits do not justify the costs.

The Administration remains under a court order requiring it to reimplement MPP in good faith, which it will abide by even as it continues to vigorously contest the ruling. As part of these efforts, DHS is engaged in ongoing and high-level discussions with Mexican government and has issued contracts to build temporary court facilities in Texas. MPP cannot be reimplemented, however, unless and until the Government of Mexico makes an independent decision to accept returns under the program. The termination of MPP will not take effect until the current injunction is lifted.

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