Remain in Mexico Rule Reinstated

Mario A. Godoy
Remain in Mexico Rule Reinstated

On August 13, 2021, Federal District Judge Matthew Kacsmaryk ruled against the Biden administration over the president’s termination of the Migrant Protection Protocols (commonly called the “Remain In Mexico” policy). The policy will be reinstated on August 20 unless an emergency appeal is granted. The Migrant Protection Protocols program was instituted under the Trump administration and forced migrants seeking asylum to wait in Mexican border cities while waiting to plead their case before a judge.

Kacsmaryk ruled that the Biden administration violated the Administrative Procedure Act when it canceled the Remain In Mexico policy, and also violated immigration laws that require the government to either detain or return to Mexico aliens crossing the border pending their immigration proceedings. He also ruled his order to wait for one week before it goes into effect to allow the administration time to file an emergency appeal.

What Is The Remain In Mexico Rule?

The Migrant Protection Protocol (MPP) policy was implemented in January 2020 by the Trump administration and directed at immigrants entering the United States at the U.S. southern border. The new MPP program sends migrants who enter the U.S. illegally, or who appear at official places of entry along the U.S. border seeking asylum, to return to Mexico to await an American court date.

Immigrants claiming asylum under MPP policies must come and go across the border under U.S. custody to attend their hearings in the courts in the program, located in San Diego and Texas. Prior to MPP, most of these migrants were released inside the U.S. to wait for a court date.

Cook and DuPage County Immigration Attorney

The experienced immigration attorneys at Godoy Law Office in Chicago and Lombard offer assistance in family-based immigration matters to a range of people, including spouses, same-sex couples, fiancés, parents and children. We can also advise immigrants looking to secure status as permanent residents through the process of applying for a green card or citizenship. If you need help with an immigration issue, please contact our office or call us at 855-925-1551

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