NILC Statement on the Restart of ‘Remain in Mexico’

December 2, 2021

Juan Gastelum, [email protected], 213-375-3149

NILC Statement on the Restart of ‘Remain in Mexico’

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center (NILC), issued the following statement in response to the Biden administration’s announcement that it has reached agreement with Mexico and will restart the Migrant Protection Protocols, commonly known as “Remain in Mexico”:

“Since its creation, the Remain in Mexico policy has subjected tens of thousands of people to grave danger and violated their fundamental right to asylum in the United States. The Biden administration’s shameful regression in restarting this unlawful Trump policy flies in the face of its own determination that no number of changes could render this deadly policy more humane or provide the access to the asylum system that the law requires.

“The Biden administration must stop hiding behind a flawed court order to justify restarting Remain in Mexico. Instead, it should do what we’ve been saying for months– abandon its indefensible embrace of failed deterrence strategies like Remain in Mexico and the unlawful Title 42 expulsion policy and restore full access to asylum for those seeking safety and freedom. Now is the time for the Biden administration to discard misguided political calculus and instead lead with courage and humanity to do everything in its power to relegate Remain in Mexico to the past.”

In a letter sent to U.S. Attorney General Merrick Garland and the Department of Homeland Security Secretary Alejandro Mayorkas last month, NILC warned the administration that it could face further legal action upon restarting Remain in Mexico, as this policy violates a federal court injunction protecting the rights of Salvadorans seeking safety in the U.S., among other laws.