In August the Supreme Court declined to block a Texas lower-court ruling requiring the Biden administration to reinstate former President Trump’s “Remain in Mexico” policy for illegal immigrants attempting to cross the southern border.
The U.S. District Court in Texas ruled that the Biden administration’s attempt to eliminate the “Remain in Mexico” policy violated the Administrative Procedure Act, requiring them to reinstate it.
Thursday the Biden administration told courts the policy will be reimplemented in mid-November if it can get Mexico’s support, as it requires asylum-seekers who cross the southern border illegally to remain in Mexico before their appearance in immigration court.
Although the Department of Homeland Security (DHS) has appealed the case and plans to overhaul the program, it is still required to reimplement the policy which was formally called the Migrant Protection Protocols (MPP).
In a statement Thursday, DHS said “Mexico is a sovereign nation that must make an independent decision to accept the return of individuals without status in Mexico as part of any reimplementation of MPP. Discussions with the Government of Mexico concerning when and how MPP will be reimplemented are ongoing.”
DHS officials said it has a “general commitment” to deciding new asylum cases within six months and plans to construct “tent courts” near Laredo and Brownsville, Texas.
It also plans to expand the types of asylum-seekers who will not be subjected to MPP, but the filing doesn’t provide details on who that would include, such as families with children. Mexico has argued that the sick, elderly, as well as those in the LGBT community, should be exempt from MPP.
Both the vulnerability of those returns and the timing for hearing were issues raised by Mexico, along with a demand the U.S. provide “better coordination” on when migrants would be expelled into the country.
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