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1 1 (February 1, 2019)

handle is hein.crs/govykc0001 and id is 1 raw text is: Migrant Protection Protocols: Legal Issues Related to DHS's Plan to Require Arriving Asylum Seekers to Wait in Mexico February 1, 2019 Through two press releases posted on its website-the first on December 20, 2018, and the second on January 24, 2019-the Department of Homeland Security (DHS) has announced a new policy that could require many asylum seekers who arrive at the southern border to wait in Mexico while U.S. immigration courts process their cases. DHS calls the new policy the Migrant Protection Protocols (MPP) and contends that it will serve to address a security and humanitarian crisis on the Southern border. Details about the policy's implementation are still developing. A DHS memorandum indicates that the MPP went into effect at the San Ysidro port of entry (south of San Diego) on January 28, 2019, and that DHS anticipates expanding implementation of the new policy in the near future. According to media reports, DHS first returned an asylum seeker to Mexico under the policy on January 29, 2019, when it returned to Tijuana one Honduran national who presented himself at San Ysidro. The next day, DHS returned about a dozen more asylum seekers to Tijuana from San Ysidro, according to a report. Secretary of Homeland Security Kirstjen Nielsen and officials from two agencies within DHS-Customs and Border Protection (CBP) and United States Citizenship and Immigration Services (USCIS)-have issued memoranda and instructions that, together with the January 24 press release, provide details about how the MPP is expected to work in operation, including the following: * The MPP applies to aliens who attempt[] to enter the U.S. illegally or without documentation, including those who claim asylum. As such, the policy apparently will apply both to aliens arving at ports of entry and also to aliens apprehended between ports of entry. * The policy apparently does not apply retroactively to aliens who arrived and were placed in removal proceedings in the United States before the policy's implementation. * The policy does not apply to some categories of aliens, including unaccompanied alien children, Mexican nationals, and aliens who demonstrate that it is more likely than not that they would face persecution or torture in Mexico. Congressional Research Service https://crsreports.congress.gov LSB10251 CRS Legal Sidebar Prepared for Members and Committees of Congress

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