What Do You Know about “Remain in Mexico”?

            The United States Supreme Court heard oral arguments in Biden v. Texas about “Remain in Mexico” last week. Justices will issue a ruling on controversial policy this summer. Do you know what the “Remain in Mexico” policy is?

            According to Mya Jaradat, the “Remain in Mexico” policy is “officially known as the migrant protection protocols.” This policy was implemented by the Trump administration in January 2019, and it was instrumental is returning migrants to Mexico to await immigration proceedings. 

            The Biden administration suspended the policy in January 2021 and terminated in June 2021. However, “it was reinstated in early December because of a court ruling. U.S. officials again began sending non-Mexican asylum-seekers to Mexico.”

            The migrant protection protocols put in place by “Remain in Mexico” apply only to people from the Western Hemisphere, and there are numerous exemptions – such as not applying to unaccompanied minors. Other exemptions put in place by the Biden administration are “pregnant women, the elderly, and those who might be harmed because of their gender identity.”

            The “Remain in Mexico” policy was put in place by the Trump administration as one of several ways to “disincentivize individuals and families from seeking asylum in the U.S.,” said Giulia McPherson, Jesuit Refugee Service’s director of advocacy and operations. The Trump policies slowed the migration into the United States to controllable levels. However, adjustments/cancellations/policies by the Biden administration have again increased the levels.

            Immigration advocates believe that “Remain in Mexico” should be lifted. They cite several reasons for their belief with one of them being their belief that “Remain in Mexico” violates a 1967 protocol relating to refugee status. Another reason is the dangerous conditions in northern Mexico. A third reason is difficulty in accessing counsel to pursue their asylum claims.

            Politicians and other advocates for “Remain in Mexico” policy “say that it’s essential for the safety and security of Americans and that it reduces the number of migrants entering the United States illegally.” After the policy was reinstituted by a court ruling in 2021, Texas Gov. Greg Abbott applauded the move, calling it a “major victory for our state, our nation, and for the safety and security of our communities.”

Timothy Roemer, director of Arizona’s Department of Homeland Security, said, “When applied properly, MPP helps protect the lives of every Arizona community and those throughout the nation” by helping law enforcement officials to better protect the nation.

The impact on the situation at the southern border is unknown if the policy is reinstated. It depends on how the Biden administration react to the reinstatement. We know that it was working during the Trump administration even though the flow of immigrants crossing the border illegally did not stop completely.