DHS announces intention to issue new memo terminating MPP
DHS Memo on Termination of MPP — what it said and who it affects
On October 29, 2021, the Department of Homeland Security issued a memorandum formally terminating the Migrant Protection Protocols (MPP), the “Remain in Mexico” program. They also published an accompanying explanation of the decision.The memoranda explain DHS’s factual and policy reasons for ending MPP after review. They directed DHS components to take steps necessary to wind down the program.
Why the memos matter (timeline & litigation)
The termination memoranda followed an earlier June 2021 decision and a phased winddown. Litigation and court orders then followed, including challenges that produced judicial rulings about the termination’s lawfulness. In June 2022, the Supreme Court held that the Administration’s termination of MPP was lawful. They recognized the October 29, 2021 memo as final agency action. Government reviews (and later audit summaries) have tracked the policy. They focused on its operational effects and the agency’s steps to implement the termination.
Who is affected and practical steps
- Noncitizens who were enrolled in MPP (or had cases subject to MPP) may have final orders, pending proceedings, or interrupted access to counsel and evidence. Many affected people need help reopening cases. They also need assistance correcting records or coordinating entry/winddown processes.
- If you were in MPP and your case was closed in absentia or administratively terminated, preserve all documents (court notices, NTA, removal orders, hearing notices, DOL/CBP/ICE correspondence) and get legal help immediately. Motions to reopen or administrative requests tied to the MPP winddown may be possible. It depends on individual facts and litigation posture.
Evidence to preserve (quick checklist)
- ALL immigration paperwork (NTAs, notice of decision or removal order, I-275/I-205 entries if any).
- Records showing enrollment in MPP or communications from DHS/CBP/ICE.
- Receipts of legal filings, proof of attempts to get counsel, medical records, and country-condition evidence that was or could be relevant to your claim.
Organize these documents and share them with counsel early. Timeliness and documentary care improve chances to reopen or otherwise remedy the record.
FAQs
Q: Does the DHS memo automatically reopen my case?
A: No. The memo terminates the program but does not automatically re-open individual removal orders. Many remedies require motions or agency action and can be affected by litigation outcomes.
Q: Can I ask DHS to let me enter the U.S. to continue my case?
A: In some winddown procedures the government allowed phased entry for certain people. Eligibility depends on categories DHS used during the winddown and on current agency guidance. Consult counsel quickly for case-specific options.
How we help
We screen MPP files, identify whether motions to reopen, motions to reconsider, or administrative requests are appropriate. We assemble forensic exhibits (hearing notices, proof of attempts to find counsel, country-conditions evidence). Additionally, we coordinate urgent filings and advocacy with DHS/OPLA. If you were in MPP or have a family member with an MPP record, schedule a case review. We can (1) preserve evidence, (2) diagnose reopening options, and (3) file the strongest possible request under current law and guidance.
Sources: DHS termination memorandum and explanation (Oct. 29, 2021); DHS news release; Supreme Court / litigation summaries; GAO/DHS reviews on MPP implementation and winddown.
DHS Memo on Termination of MPP. It has announced effective immediately, after finding that are far outweighed by the costs of continuing the program. DHS will comply with Texas v. Biden, but termination of MPP will be implemented as soon as practicable after the injunction is vacated.
