Get 40% Off
⚠ Earnings Alert! Which stocks are poised to surge?
See the stocks on our ProPicks radar. These strategies gained 19.7% year-to-date.
Unlock full list

U.S. prepares to resume Trump 'Remain in Mexico' asylum policy in November

Published 10/15/2021, 12:03 AM
Updated 10/15/2021, 02:01 PM
© Reuters. FILE PHOTO: Eduardo Torobo and Amelin Acosta, migrants from Cuba under the Migrant Protection Protocols (MPP) program, walk after crossing from Mexico into the U.S. to continue their asylum request in the United States, in this picture taken from Ciudad J

By Mica Rosenberg and Kristina Cooke

(Reuters) - President Joe Biden's administration is taking steps to restart by mid-November a program begun under his predecessor Donald Trump that forced asylum seekers to wait in Mexico for U.S. court hearings after a federal court deemed the termination of the program unjustified, U.S. officials said Thursday.

The administration, however, is planning to make another attempt to rescind the Migrant Protection Protocols (MPP), commonly called the "Remain in Mexico" policy, even as it takes steps to comply with the August ruling by Texas-based U.S. District Court Judge Matthew Kacsmaryk, the officials said.

The possible reinstatement of MPP - even on a short-term basis - would add to a confusing mix of U.S. policies in place at the Mexican border, where crossings into the United States have reached 20-year highs in recent months. The administration said it can only move forward if Mexico agrees. Officials from both countries said they are discussing the matter.

Mexico's foreign ministry said in a statement on Thursday that it has expressed a "number of concerns" over MPP to U.S. officials, particularly around due process, legal certainty, access to legal aid and the safety of migrants. A senior Mexican official, speaking on condition of anonymity, said "there is no decision at this point" about the program's restart.

Trump, a Republican known for hard-line immigration policies, created the MPP policy in 2019, arguing that many asylum claims were fraudulent and applicants allowed into the United States might end up staying illegally if they skipped court hearings. Biden, a Democrat, ended the policy soon after taking office in January as part of his pledge to take a more humane approach to border issues.

Immigration advocates have said the program exposed migrants to violence and kidnappings in dangerous border cities where people camped out for months https://graphics.reuters.com/USA-IMMIGRATION/MEXICO/mopankddwva/index.html or years in shelters or on the street waiting for U.S. asylum hearings.

Biden in March said that "I make no apology" for ending MPP, a policy he described as sending people to the "edge of the Rio Grande in a muddy circumstance with not enough to eat."

After the Republican-led states of Texas and Missouri sued Biden over his decision to end the program, Kacsmaryk ruled in August that it must be reinstated. The U.S. Supreme Court https://www.reuters.com/world/us/us-supreme-court-requires-biden-revive-trump-era-remain-mexico-immigration-2021-08-24, whose 6-3 conservative majority includes three justices appointed by Trump, subsequently let Kacsmaryk's ruling stand, rejecting a bid by Biden's administration to block it.

The administration has said it will comply with Kacsmaryk's ruling "in good faith" while continuing its appeal in the case. The administration also plans to issue a fresh memo to terminate the program in the hopes it will resolve any legal concerns surrounding the previous one, officials said.

"Re-implementation is not something that the administration has wanted to do," a U.S. Department of Homeland Security (DHS) official, speaking on condition of anonymity, said in a call with reporters. "But in the interim we are under this obligation of the court."

ADVOCATES UPSET

In a court filing late on Thursday the administration said that "although MPP is not yet operational," they are taking all the steps necessary to re-implement it by next month.

Those steps include preparing courts, some housed in tents, near the border where asylum hearings could be held. The administration said in the filing that these facilities will take about 30 days to build, costing approximately $14.1 million to erect and $10.5 million per month to operate.

The filing said the aim is for MPP to span the entire Southwestern border, which the government deemed preferable to it operating only in certain areas.

U.S. officials held a call with immigration advocates on Friday, asking them for input on how they could make the MPP policy more humane, according to four people on the call, who spoke on condition of anonymity. Advocates told officials there was no way to make the program safe or humane, the people said, and that the White House would be responsible for any harm suffered by people forced to wait in Mexico for their court hearings.

Officials told advocates they were planning an expedited immigration court docket for people in the program, with the aim of deciding their cases within 180 days, the people said. DHS did not immediately respond to a request for comment.

At the same time, Biden has left in place another policy that Trump implemented in March 2020 early in the COVID-19 pandemic that allows for most migrants caught crossing the border to be rapidly expelled for public health reasons, with no type of asylum screening. One DHS official said that policy will continue.

© Reuters. FILE PHOTO: Eduardo Torobo and Amelin Acosta, migrants from Cuba under the Migrant Protection Protocols (MPP) program, walk after crossing from Mexico into the U.S. to continue their asylum request in the United States, in this picture taken from Ciudad Juarez, Mexico June 18, 2021. REUTERS/Jose Luis Gonzalez/File Photo

Mexico has also expressed its concern over this policy, known as Title 42, which the foreign ministry said incentivizes repeat crossings and puts migrants at risk.

In a win for Mexico on a separate front, the United States said this week it will lift https://www.reuters.com/world/americas/mexican-president-says-precise-november-us-border-date-be-decided-2021-10-13 restrictions at its legal ports of entry for fully vaccinated foreign nationals in early November, ending curbs on nonessential travelers during the pandemic.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.