FOR IMMEDIATE RELEASE
December 2, 2021
CONTACT
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.
###
The Anti-Immigrant Policies in Trump’s Final “Big Beautiful Bill,” Explained
Jul 8, 2025 The One Big Beautiful Bill Act slashes health care, nutrition, and tax benefits while expanding detention and enforcement—harming immigrant communities and endangering the U.S. economy. The following report explains how these changes take...

Analyzing the Supreme Court’s Dangerous Decision in Trump v. CASA
Jun 27, 2025 Today, the Supreme Court decided the case of Trump v. CASA, a challenge to Executive Order...
Tracking the CECOT Disappearances
Jun 24, 2025 More than 280 immigrants have been secretly transferred by the U.S. to El Salvador’s CECOT prison without due process. Read our latest report exposing this human rights issue.
Análisis del fallo de la Suprema Corte en el caso Trump v. CASA
Efrén C. Olivares
Jun 27, 2025 Hoy, la Corte Suprema decidió el caso Trump vs. CASA, el cual impugna la Orden Ejecutiva...