An Unjust and Racist ‘Remain in Mexico’ Policy Is Preserved By the Supreme Court

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Migrant Protection Protocols (MPP) or “Remain in Mexico” dramatically altered the processing of asylum claims at the U.S. southern border and made it far more difficult for asylum seekers to receive a fair and meaningful review of their claims.

This rule only applies to individuals that are arriving by land to the U.S. Immigrants from poor, Brown and Black nations are targeted by this rule. DHS opened temporary tent facilities in Laredo and Brownsville, Texas, in September 2019 to house vulnerable asylum seekers subject to the MPP. These tent courts infringe on due process and the letter of the law.


The Supreme Court rejected on Tuesday evening the Justice Department’s emergency request to halt a lower court ruling that requires the government to restart the MPP, a policy that forces asylum seekers to wait in Mexico for their cases to be heard in the United States.

Biden administration lawyers, according to a statement released by the Department of Justice, “respectfully disagree with the district court’s decision and regret that the Supreme Court refused to issue a stay”. The Department of Homeland Security has yet to communicate its intentions regarding compliance with the lower court’s order.


Remain in Mexico policy trapped over 70,000 asylum seekers in life-threatening conditions in Mexico and defied the country’s legal and moral obligations. Africans and Haitians are among the many trapped in Mexico waiting to have their claims heard. At last count, there were over 10,000 Haitians at risk in Mexico.

Mexico has not yet agreed to allow people traveling to the US to apply for asylum to remain in Mexico indefinitely. The Supreme Court does not have jurisdiction over Mexico since it is a sovereign nation. There is no formal agreement between the Biden administration and Mexico at this time.


It is a violation of U.S. and international humanitarian law to force asylum seekers to remain in Mexico, as well as a violation of long-standing American principles that our nation should protect those fleeing danger who arrive at our shores.

The Biden administration must fully undo MPP to guarantee that no asylum seeker is put at risk.

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