Biden Administration Forced to Reinstate the “Remain In Mexico” Policy

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"President Joe Biden recently had to reinstate a controversial Trump-era immigration policy. The decision to reinstate this policy comes after the Supreme Court of the United States refused the Biden Administration’s request to block a federal judge’s order to reinstate the policy."

Written by My Visa Source Team
Published on: Nov 12, 2021

President Joe Biden recently had to reinstate a controversial Trump-era immigration policy. The decision to reinstate this policy comes after the Supreme Court of the United States refused the Biden Administration’s request to block a federal judge’s order to reinstate the policy.

The “Remain in Mexico” policy will be reintroduced in November, forcing asylum seekers to remain in Mexico until their US immigration court date. It was first introduced in 2019 by the Trump administration to stop the increasing number of Central American immigrants coming together at the Southern border.

This policy was scrapped by President Joe Biden on his first day as he believed that forcing asylum seekers to remain in Mexico given the threat of violence against the migrants was inhumane.

What Did the Biden Administration Do to Stop the Policy?

The Biden administration was sued in April by Republican-led Texas and Missouri after they scrapped the policy. A federal judge for the Northern District of Texas sided with the 2 states and instructed the Biden Administration to reinstate the policy in August. The US Department of Homeland Security (DHS) informed that they will be taking the necessary steps to comply with the court order by reimplementing the Migrant Protection Protocols (MPP) in good faith, despite their appeal of the court’s order.

The DHS will also be reissuing contracts to build temporary US immigration-hearing facilities close to the US-Mexico border. In addition to that, only those who are not excluded under Title 42, a Trump-era health law will receive the MPP.

What Is the Title 42 Health Law?

Title 42, a Trump-era health law still valid under the Biden Administration, denies the right to apply for asylum to certain immigrants. It was introduced in March 2020 following the outbreak of the Covid-19 virus. The reinstatement of the MPP for asylum seekers also depends on approval from the Mexican government.

The US government is discussing with the Mexican government when and how to reinstate the policy. The most important thing is that the Mexican government must accept the returning asylees. While the Biden administration did issue a memo scrapping the policy, it would only take effect if they also won the lawsuit filed by Texas and Missouri.

Since 2019, the policy has forced more than 70,000 asylum seekers to return to Mexico. Those who have been sent back may have to wait months or years at a time to have their case heard by a US immigration court. Returning also puts them at the risk of facing extortion, sexual assault, and kidnapping.

The Human Rights First reported at least 1,544 publicly documented cases of rape, kidnapping, and assault against asylum seekers who were forced to return to Mexico because of this policy until February 2021. Several asylum seekers, including one child, have also reportedly died trying to cross the border back from the US to Mexico.