Council and Partners Offer Guidance to DHS on Terminating the Migrant Protection Protocols


October 14, 2021

In a letter to the Biden administration, the American Immigration Council and 30 organizations with firsthand experience and knowledge on the Migrant Protection Protocols (MPP)—also known as the "Remain in Mexico" program— offered an assessment of the factual and legal bases for terminating the program. The letter emphasizes that the Biden administration must fully acknowledge the humanitarian and legal catastrophe that was caused by MPP.

The letter calls on the U.S. Department of Homeland Security (DHS) to acknowledge and include the following in their second termination memorandum:

  • MPP’s failure to protect people from refoulement and harm in Mexico
  • An explanation as to why high in absentia rates in MPP were evidence of the program’s serious flaws
  • A clarification that the DHS assessment relied upon by the district court was deeply flawed and speculative and does not prove any “benefits” of MPP.
  • Acknowledgement that COVID-19 continues to be a major concern in resuming MPP, and that DHS must not and cannot send people back to Mexico without any scheduled hearing dates.

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