Immigration News Updates: 12/07/2021

The Biden administration officially restarted the Migrant Protection Protocols, more commonly known as the Remain in Mexico policy, this week. Originally implemented under the Trump administration, the policy requires migrants to remain in Mexican border cities until they are allotted a hearing with an immigration judge. The policy was highly criticized both for endangering refugees and asylum-seekers by exposing them to a high risk of violent crime in the border cities, as migrants were frequently the victims of extortion, kidnapping, sexual violence, and assault, and for making it more difficult for migrants to access legal aid in the United States. President Biden removed the policy at the start of his presidential term, but due to a lawsuit by the governments of Texas and Missouri, the administration was forced to put the policy back into place, albeit with changes.

The new version of the policy now affects migrants from anywhere in the Western Hemisphere, with the exceptions of Mexican citizens, unaccompanied children, and those with known health issues; this will impact the large amount of Haitian refugees currently making their way through Mexico. Immigrants will be allowed free phone and video calls with their lawyers, although access to lawyers in the first place will still be difficult, as many legal aid groups have withdrawn their services in protest of the reimplemented policy and the immigration system does not provide free attorneys. Migrants will be asked if they fear violence or persecution in Mexico, and if they can provide reasonable certainty, will be given 24 hours to find a representative to assist them. All those affected by the policy will also be offered the vaccine against the Covid-19 virus at no cost. The governments of both Mexico and the US are working on a way to more easily transport migrants to and from their hearings, and to safer cities farther from the border to wait.

Democrats and immigration advocates alike have decried the reinstatement of the policy. Secretary of Homeland Security, Alexander Mayorkas, stated that the original policy did contribute to a decline in illegal crossings, but that did not excuse the "substantial and unjustifiable human costs" that were a result. “We have a moral obligation to do everything possible to swiftly and permanently discard this policy, along with the many other remaining Trump-era policies that were willfully designed to deter immigrants with cruelty," said Senator Bob Menendez of New Jersey. "We cannot externalize our asylum system and abandon our obligations as a beacon of hope and opportunity."

Source: American Immigration Council; The Hill; Associated Press
https://www.americanimmigrationcouncil.org/research/migrant-protection-protocols
https://thehill.com/homenews/administration/583986-us-to-restart-remain-in-mexico-program-following-court-order?rl=1
https://apnews.com/article/immigration-joe-biden-mexico-texas-missouri-1eb0b6dd1d0676e33702aec7f07e75ac