The Third is the Charm

For the Knock Out – New Termination of the Migrant Protection Protocol by the Biden Administration

by Jose Enrique Perez

The Biden Administration is trying again to eliminate of the book the Migrant Protection Protocol (MPP) or the infamous Trump’s Program of Quedate en Mexico. Clearly, the Biden Administration believe in the old saying: the Third is the Charm.

On October 29, 2021, the Biden administration issued a new memo terminating the Migrant Protection Protocols (MPP), Trump’s policy that forced asylum seekers to “remain in Mexico” for the duration of their legal proceedings in the United States. At the same time, the Biden administration filed a motion requesting that the Fifth Circuit vacate the lower court ruling that had ordered the Biden Administration to reinstate MPP.

The Secretary of Homeland Security Alejandro N. Mayorkas issued a memorandum explaining the government’s decision to terminate the Migrant Protection Protocols program. “MPP had endemic flaws, imposed unjustifiable human costs, pulled resources and personnel away from other priority efforts, and did not address the root causes of irregular migration. MPP not only undercuts the Administration’s ability to implement critically needed and foundational changes to the immigration system, it fails to provide the fair process and humanitarian protections that individuals deserve under the law.”

After the Texas Court’s decision and the Fifth Circuit’s affirmance of that decision as well as the US Supreme Court’s seal of acceptance that the Biden Administration had to reinstate the MPP, led the Biden Administration to conduct an extensive review to assess whether MPP should be maintained, terminated, or modified. The administration studied court documents, relevant data, internal reviews, and publicly available materials, and met with civil rights groups and not for profits, including also personnel of the Department of Homeland Security as well as state and local officials and community leaders across the country. After this exhaustive review, the Biden Administration concluded that the benefits do not justify the costs, particularly given the way in which MPP detracts from the goals and policy initiatives that better align with this Administration’s values.

The Administration said “MPP distracts from efforts to achieve regional solutions that address the root causes driving migrants to leave their countries and that tackle this challenge before vulnerable individuals have taken the perilous journey to our border.”

The Administration announced also some changes to rules and policies. For instance, it has designed a Dedicated Docket that allegedly will enable immigration judges to adjudicate cases within 300 days, and is promulgating a forthcoming Asylum Officer Rule, which will transfer the initial responsibility for adjudicating asylum claims from immigration judges to USCIS asylum officers to produce timely and fair decision-making.

However, the Bien Administration remains under the court order requiring it to reimplement MPP and the termination of MPP will not take effect until the current injunction is lifted. Furthermore, it is important to note that the MPP cannot be reimplemented by the Biden Administration alone, unless and until the Government of Mexico makes an independent decision to accept returns under the program.

If you or someone you know was under the MPP or recently entered the United States, it is key to meet with an immigration attorney.

You should remember that this article is not intended to provide you with legal advice; it is intended only to provide guidance about immigration policies. Furthermore, the article is not intended to explain or identify all potential issues that may arise in connection with this program or any new immigration policies. Each case is fact-specific and therefore similar cases may have different outcomes.

I represent individuals in immigration. If you have any questions or concerns about an immigration case or potential case, you can call me at (315) 422-5673, send me a fax at (315) 466-5673, or e-mail me at The Law Office of Jose Perez is located at 659 West Onondaga Street, Upper Level, Syracuse, New York 13204. Now with offices in Buffalo and Rochester as well!!! Please look for my next article in the January edition and stay safe, get vaccinated and stay away from the Coronavirus. In addition to our current practice of Personal Injuries, Work Accidents, Social Security and Immigration, we now also practice Criminal, Traffic, Family, DWI and Divorce.

Photos of Man in the field and Judge with gavel by Los Muertos Crew and Ekaterina Bolovtsova from Pexels

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