Biden can end Trump’s ‘Remain in Mexico’ program

Supreme Court gave the Biden administration a victory, ruling that the Trump-era program “Remain in Mexico” 
Can come to an end. In a 5-4 ruling, the court said that the administration properly ended the policy and the lower court overreached when it decided the policy had to remain in place.
“Remain in Mexico,” formally known as the Migrant Protection Protocols, required asylum seekers at the southern border to wait in Mexico until their U.S. immigration court hearings.
Writing for the majority, Chief Justice Roberts explained that under the interpretation by the court of appeals,
A judge could “force the executive to the bargaining table with Mexico, over a policy that both countries wish to terminate,

The U.S. Supreme Court’s action allowing the termination of the Migrant Protection Protocols (MPP or “Remain in Mexico”) changes the enforcement landscape at the southern border. Practically, the government may stop returning asylum seekers to Mexico and instead process more individuals through U.S.-based screening and credible-fear procedures. Therefore, affected people, attorneys, and service providers should act quickly to preserve claims, update intake plans, and prepare for procedural changes.

What this means now

• More in-country processing: individuals previously returned to Mexico may become eligible for screening or reentry to the U.S. for asylum processing.
• Possible motions to reopen: many MPP-returned clients may qualify to ask immigration judges to reopen their cases or request parole/reentry.
• Operational shifts: agencies will update intake and screening rules—expect temporary operational confusion.
• Increased legal demand: clinics and pro bono projects should prepare for upticks in MPP-related filings.

Immediate steps for individuals & families

1. Preserve all MPP records—notices, hearing dates, CBP/ICE contacts, and any documents you received while in Mexico.
2. Keep contact information current for counsel and sponsors—rapid filings may be possible.
3. Collect corroborating evidence: affidavits, medical records, police reports, and country-condition materials.
4. Consult an immigration attorney about motions to reopen, parole requests, or reentry strategies.

Practical steps for practitioners & clinics

• Prepare a motion-to-reopen template and intake script for MPP clients.
• Triage cases by vulnerability and filing deadlines; prioritize detained or time-sensitive matters.
• Coordinate with shelters and consulates to confirm client locations and logistics.
• Begin preservation tasks and FOIA requests for agency records.

FAQs

Q: Does this automatically reopen MPP cases?
A: No—most cases require targeted motions, parole requests, or administrative reprocessing.

Q: Will everyone currently in Mexico be allowed into the U.S.?
A: Implementation varies; eligibility depends on agency guidance and individual circumstances.

How we help

We draft motion-to-reopen packets, prepare parole/reentry applications, coordinate client outreach, and represent clients at hearings. Request a Motion-to-Reopen template, a one-page Client Intake Alert, or an MPP reentry triage checklist.