Ending of “Remain in Mexico” Policy

Jan 26, 2021

NPR news outlet has reported that under the new Biden administration, the Department of Homeland Security has announced that deportations for certain individuals and cases would be suspended for 100 days and there will be no new enrollments to the Migrant Protection Protocols policy. This policy, also known as “remain in Mexico” policy which is potentially harmful to the asylum seekers as they are living in unsanitary and possibly dangerous areas, are not having access to family, and have to wait an unknown amount of time before their court hearing. During this pandemic, the wait has made it exponentially worse to be part of the policy.  However, the temporary halt in the policy will give DHS an opportunity to review all their current programs and policies. It is currently unclear what will be the next step for people already on the Migrant Protection Policy.

After the announcement of this update, The Texas Tribune wrote that Texas Attorney General Ken Paxton has filed a lawsuit against the Biden administration and policy change. Paxton states that the moratorium directly violates the multiple federal and administrative laws, the U.S. Constitution, and an arrangement regarding the Department of Homeland Security and the state of Texas. Paxton alleges that with a greater number of foreign individuals comes an increase in costs, such as education and healthcare.

As this case is still ongoing, Law Offices of Wiliani-Malek will continue to monitor its status. If you have any questions regarding your case or would like to start an immigration case, (714) 432-1333 today!