The Government Releases Guidance on Migrant Protection Protocols

The Government is implementing a new experimental policy known as the “Migrant Protection Protocols” (MPP). MPP is meant for individuals entering or seeking admission to the U.S. from Mexico, illegally or without proper documentation. Under this policy, after an alien is issued a Notice to Appear and placed in removal (Court) proceedings, he/she will be returned to Mexico instead of being allowed into the U.S., where they will remain for the duration of the immigration proceedings (until their hearing date). Then, at the time of their hearing, individual will be transported from their Port of Entry to their designated immigration court by Government officials. After their hearings, individuals will be transported back to their Port of Entry for return to Mexico or to retrieve property, as applicable. If the alien has received a final grant of relief or an administratively final order of removal, appropriate custody determinations will be made.

As of January 28, 2019, MPP is only being implemented in California. However, the Government has announced that it plans to expand this policy. The next location that is being considered is El Paso, Texas, though it is unclear when that could happen.

Officers retain discretion to process aliens for MPP or under other procedures (e.g., expedited removal), on a case-by-case basis. Adverse factors include:

• Prior removals
• Criminal history
• Aliens likelihood to face persecution or torture in Mexico
• Permanent bars to readmission
• Age

Please note that under the MPP guidelines, underage migrants who arrive without a parent or guardian will not be sent back to Mexico.

For more information regarding The Government Migrant Protocols, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at info@montyramirezlaw.com.

Originally published in the M&R Insider newsletter on Family Immigration. Sign up today!