‘Remain in Mexico’ will continue for Several weeks

The Supreme Court rejected an injunction that halted the Biden administration from lifting “Remain in Mexico.” Formally known as Migrant Protection Protocols (MPP), it appears likely that Remain in Mexico will continue for several weeks as the administration finalizes its plans. Since the Biden administration can now end MPP, the process might still take time, and until then, Remain in Mexico will continue for several weeks legally. The administration will wait until the Supreme Court’s decision is communicated to the lower court. As a result, Remain in Mexico will continue for several weeks before the federal District Court and the Northern District of Texas can lift their injunction. Migrants will continue to go through immigration enforcement proceedings. Homeland Security Secretary Alejandro Mayorkas said that the program “has endemic flaws and causes unjustifiable human tragedy.” For this reason, the intentions behind the policy remain under scrutiny.

— What this means & what to do now

Officials have indicated that the Migrant Protection Protocols (MPP or “Remain in Mexico”) will remain in effect for several weeks while agencies coordinate implementation and case processing. Therefore, people affected by MPP, their sponsors, and service providers should preserve records, update contact plans, and prepare for immediate intake or motions practice.

Practical effects to expect

• Continued returns/processing under MPP: some noncitizens will continue to be returned to Mexico or remain pending at the border until processing changes.
• Local variation: field offices may apply guidance differently during the transition—expect regional differences.
• Short window for change: policy can shift quickly; act promptly to protect claims and preserve evidence.

Immediate steps for individuals & families

1. Preserve everything: keep notices, hearing dates, CBP/ICE contacts, and any documents received while in Mexico.
2. Update contact details: ensure counsel, sponsors, and shelters can reach clients immediately.
3. Collect corroborating evidence: affidavits, medical records, police reports and country-condition materials.
4. Seek legal help early: evaluate motions to reopen, parole requests, or other emergency filings.
5. Avoid unsupervised travel: moving may interfere with hearings or filings—consult counsel first.

Practical steps for clinics, legal teams & shelters

• Scale intake and triage to identify high-vulnerability cases.
• Prepare ready-to-file motions to reopen, parole petitions, and FOIA-preservation requests.
• Coordinate shelter capacity, transport logistics, and cross-border contacts for continuity of representation.
• Track hearing dates and filing deadlines carefully.

FAQs

Q: Will everyone stay in Mexico?
A: No—exceptions and case-specific outcomes may apply; consult counsel for individual evaluation.

Q: Are cases reopened automatically?
A: No—reopening typically requires motion practice or agency action; prepare filings early.

How we help

We draft motion-to-reopen packets, parole/reentry applications, credible-fear intake declarations, coordinate FOIA preservation, and provide triage workflows for clinics.