Beautiful Virgin Islands

Friday, Aug 21, 2026

The ‘Remain in Mexico’ policy, explained

The ‘Remain in Mexico’ policy, explained

The policy, which is also known as migrant protection protocols, was in front of the Supreme Court this week

This week, the Supreme Court heard oral arguments in Biden v. Texas, a case revolving around the controversial “Remain in Mexico” policy. Justices are expected to issue a ruling this summer.

Here’s what you need to know about the policy and the surrounding debate:

What is the ‘Remain in Mexico’ policy?


The “Remain in Mexico” policy is officially known as the migrant protection protocols. First implemented by the Trump administration in January 2019, the protocols allow the United States government to return non-Mexican asylum-seekers (who entered the U.S. via the southern border) to Mexico to await immigration proceedings.

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

Migrant protection protocols are only applicable to those from the Western Hemisphere. There are numerous other exemptions — it can’t be applied to unaccompanied minors, for example.

The Biden administration has made adjustments to the policy, clarifying who is exempt from it, said Danilo Zak, policy and advocacy manager for the National Immigration Forum. They’ve exempted pregnant women, the elderly and those who might be harmed because of their gender identity.

How has the ‘Remain in Mexico’ policy impacted migration?


Experts say that the policy was intended to deter foreign nationals from immigrating to the United States. “It was instituted by the Trump administration as one in a series (of measures) to disincentivize individuals and families from seeking asylum in the U.S.,” said Giulia McPherson, Jesuit Refugee Service’s director of advocacy and operations.

Ordinarily — that is, prior to the implementation of the “Remain in Mexico” policy and Title 42, the piece of public health code that allows Customs and Border Protection officials to turn away migrants at the border — people looking for asylum would usually present themselves at a port of entry, experts say. If in the course of a credible fear interview with a United States official, it was established that the person might face torture or persecution in their home country, they would be allowed to stay in the U.S. as their case made its way through the system.

But the “Remain in Mexico” policy means that, even after passing their credible fear interview, asylum-seekers are sent to Mexico — “oftentimes to live in the same dangerous circumstances they were trying to escape,” said McPherson.

Because violence and insecurity are “systemic throughout northern Mexico, particularly in the border towns near ports of entry,” she said, many asylum-seekers have ended up dropping their claims and have ended up migrating to other parts of Mexico.

Has it stopped undocumented migrants from coming to the United States?


Experts emphasize that while policies like “Remain in Mexico” and Title 42 are intended as deterrents, they haven’t actually led to a reduction in the number of border crossings. In fact, despite the continued implementation of Title 42 and “Remain in Mexico” under the Biden administration, the number of border crossings is approaching record highs.

In March, for example, when policies were in place, border officials arrested 210,000 migrants, the highest number in over two decades, Reuters reported. 2019, the first year that migrant protection protocols were in place, also saw a surge in migration, according to Pew Research Center.

“What we’ve seen is that the numbers have not subsided,” said McPherson. “People are fleeing desperate situations. We need to address the problems in the asylum and immigration system in the U.S. and the root causes of migration, as well.”

Additionally, because the “Remain in Mexico” policy encourages migrants to steer clear of border patrol agents, experts say more are attempting to cross into the U.S. undetected. This means that they’re taking longer, more circuitous journeys, often through dangerous terrain, putting their lives at greater risk.

“The majority want to follow the legal process and make their claim legally. All we’re asking is that the U.S. government honor that right and that wish,” said McPherson, who added that, under Title 42, many migrants are being turned away without the opportunity to go through a credible fear interview.

Why do immigration advocates believe it’s important to lift the ‘Remain in Mexico’ policy?


They cite a number of reasons: For one, the United States is a signatory to the 1967 protocol relating to the status of refugees. Some legal experts believe “Remain in Mexico” violates this convention.

Human rights advocates also say that the “Remain in Mexico” policy is a violation of the United States’s own laws. More than that, they believe it’s inhumane.

Not only do many asylum-seekers who have been returned to Mexico wait in squalid conditions where they lack basic necessities, they are vulnerable to violence, including sexual assaults, kidnappings and murder, said Zak.

Of those seeking care at Medecins Sans Frontieres’s clinics in Nuevo Laredo between January and October 2019, for example, 80% reported they had experienced violence and 75% said they had been kidnapped.

Experts also say that waiting in Mexico as one’s case winds its way through the United States’ system makes it difficult to impossible to pursue one’s asylum claim. These individuals have “extremely limited access to counsel” in the United States, said Zak, and often don’t receive orders to appear in court or can’t get there. The result is that many have been subject to “in absentia removal orders,” he said, adding, “These are concerns that persist no matter what administration is administering the policy.”

Why do some politicians and others want the ‘Remain in Mexico’ policy to stay in place?


Some policymakers 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. When a 2021 court ruling reinstituted the policy, 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.”

Describing the policy as “thoughtful” last month in comments he presented to a House subcommittee on border security, 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.”

He claimed the policy helps law enforcement officials better protect the country from drugs and “transnational criminal organizations who continue to profit off vulnerable populations.”

Despite record numbers of border crossings that have occurred under both “Remain in Mexico” and Title 42, Roemer assured the House subcommittee that these policies help keep “the situation at the border under control.”

How might ending the ‘Remain in Mexico’ policy impact the situation at the southern border?


Experts say that they don’t expect the numbers of people trying to reach the United States to change if the policy is lifted. Migrants fleeing their home countries are “not concerned with the policies they might find at the U.S. border,” said Zak. “They’re concerned with … trying to find safety.”

Advocates also say that the United States could begin to assess asylum-seekers’ claims. “We have precedent for this — when the Biden administration terminated the policy last June, they started processing people in,” said McPherson, adding that it was “done in an orderly fashion” as her organization helped accompany migrants through the border.

“We know the administration, working with nongovernmental organizations, would develop a process by which it could adjudicate cases while (asylum-seekers) safely await their court appearances in the United States,” she said.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Twenty-Nine US States Take Meta to Trial Over Alleged Child Addiction on Instagram and Facebook
Former Scottish National Party Executive Peter Murrell Jailed for Five Years Over £400,000 Embezzlement
Moderna and Merck's Personalized Cancer Vaccine Succeeds in Historic Late-Stage Melanoma Trial
Prince Harry and Meghan to Move Back to Britain With Their Children
England and Wales Have Fewer Than 1,800 Prison Places Left for Men
Suspected People Smuggler Arrested After Investigation Identified Him
Children's Doctors Warn That Vaping Can Lead Young People to Smoking
Hundreds of Thousands of Students Receive GCSE and Vocational Results Across England, Wales and Northern Ireland
Here Is What Can Never Happen in Your Country: Taiwan Is Giving Money to All Its People Because It Collected Too Much Tax
UK Inflation Rises to 2.9% as Energy Bills Jump
UK Issues New Conduct Guide for Asylum Seekers on Consent and Respect
A Sleepless Night on Wall Street: Nasdaq to Begin Nearly Round-the-Clock Trading
"The First in the World": 69-Year-Old Protested Artificial Intelligence—and Went to Jail
Ukraine's Ousted Defence Minister Calls for Wartime Presidential Election
China’s Lifelike AI Humans Move From Livestreams Into Real-World Service Roles
Sarah Ferguson Reportedly Retreats to Late Ex-Boyfriend's Swiss Chalet
Cristiano Ronaldo and Georgina Rodríguez Sign Prenup Protecting Their Separate Fortunes
Thieves Steal Antonello da Messina Renaissance Masterpieces From Sicilian Museum
Better.com Founder Who Fired 900 Employees on Zoom Is Ousted as CEO
Italian Speed Camera Issues Nearly 32,000 Fines in 10 Weeks, Worth More Than €3 Million
AI Manager at San Francisco Store Recommends Firing Human Employee
Google Launches Pixel 11 With Gemini AI at the Center of Its Hardware Strategy
Reform UK Unveils Plan to Cut Welfare Spending by More Than £50 Billion a Year
Prime Minister Andy Burnham Praised Extinction Rebellion for Doing a 'Great Service'
UK Wildfire Phone Alert Triggers Backlash as Users Switch Off Emergency Warnings
Heathrow Roads Reopen After Burst Water Main Floods Access to Terminals 2 and 3
Former NBA Players Enes Kanter Freedom and Royce White Say They Will Enter 2027 WNBA Draft
Former Cambridge Professor Jason Arday Found Dead Days After Resigning Amid Plagiarism Row
US Appeals Court Rules AI Agent's Website Actions Are Legally Attributed to the User
France's Constitutional Council Blocks Social Media Ban for Children Under 15
Liechtenstein Changes Royal Succession Rules to Allow Women to Inherit the Throne
Women Allege Rape and Sexual Abuse at British Army College for Teenage Recruits
Minnesota: Two independent investigators posed as Muslims (one wearing a burqa) and showed how they could vote in elections without identification.
China’s Kimi Launches AI-Focused Credit Card With Agricultural Bank of China and American Express
Former Labour Adviser Arrested on Suspicion of Spying for China Held Privileged Access as Top Party Donor
Turkish Parliament Passes Landmark Bill Granting Conditional Amnesty to Disarmed PKK Members
Donald Trump Warns FIFA Against Ousting Gianni Infantino Amid Revolt by Global Football Leaders
Jeff Bezos Joins Investor Group Closing In on $6 Billion Liverpool FC Stake
UK Councils to Receive Sweeping Planning Powers to Ban New Vape and Betting Shops
Russia’s A7 Builds a State-Linked Payments Network Beyond Western Sanctions
Hyper-Realistic Reborn Dolls Draw Collectors Seeking Comfort and Craft
Gen Z Cuts Back on Dating as a Night Out Nears $200
Patients Turn to Artificial Intelligence for Therapy as Psychiatrists Warn of Privacy and Clinical Risks
Couples Embrace ‘Sleep Divorce’ to Protect Rest and Reduce Tension
Meta Ordered to Pay $567 Million and Change Facebook and Instagram Safeguards for Children
Up to only 10 Months in Prison for Swedish Officer’s Murderer Sparks Anger
Success: Nvidia Turned Gaming Chips Into the Engine of the AI Boom
Jorge Messi, Lionel Messi’s Father and Longtime Agent, Dies at 68
AI’s Next Bottleneck Is Power, Not Just Nvidia Chips
Advertising trick: Pepsi’s Harrier Jet Commercial Led to a $700,000 Court Fight
×