Biden may Face Obstacles in Attempt to Rescind the MPP

Will the Biden administration be able to end the MPP policy?

Biden’s DHS rescinds the MPP for the second time

Biden’s DHS (Department of Homeland Security) issued a memo on Friday, October 29, rescinding the MPP (Migrant Protection Protocols) policy for the second time in less than a year.

It is important to clarify that this rule, implemented by Trump in 2019, forced hundreds of asylum seekers to remain in Mexican territory until receiving the response to their immigration applications. In fact, this policy is also called “Remain in Mexico”.

The Biden administration had initially suspended the MPP at the beginning of 2021 and then permanently rescinded it mid-year.

However, a federal judge ordered the reimplementation of this rule in August, stating that the Biden administration did not follow the regular process when terminating it, a ruling upheld by the US Supreme Court.

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Will the Biden administration be able to end the MPP policy?

According to the federal judge’s first ruling, the Biden administration did not follow regular protocols when it rescinded the MPP policy through the memo issued by DHS.

Thus, in this new memo, Biden’s DHS addresses the judge’s and the Supreme Court’s comments and concerns regarding how the MPP policy was terminated the first time.

However, according to the opinion of several experts on the subject, the Biden administration will likely face more challenges to permanently rescind this rule, especially in the midst of current legal processes.

To give a specific example, the Biden administration could face an argument similar to the one the Trump administration faced when it tried to remove DACA (Deferred Action for Childhood Arrivals), a deportation relief program available to young immigrants who came to the US as children.

When Trump attempted to terminate this program, several judges in charge of the case and even the Supreme Court stated that, being a legitimately established immigration program, it could not be removed simply through a memorandum.

However, it is still uncertain what will happen with the MPP policy and the Biden administration’s new memorandum.

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