“Remain in Mexico” Policy Remains in Effect for Now

“I am afraid to stay in Mexico.” These words came from John Doe, the pseudonym for a Guatemalan migrant seeking asylum in the United States. But when Doe presented himself at the U.S. border and told officials of his fear of remaining in Mexico, the U.S government sent him back to Mexico anyway to wait for his immigration hearing. The government did so pursuant to new “migrant protection protocols” that the U.S. Department of Homeland Security (DHS) implemented in January. Under a policy known as “Remain in Mexico,” border officials now send certain migrants who cross into the United States from Mexico “without proper documentation” back to Mexico. There, migrants must wait until their U.S. immigration proceedings are ready to take place. Recently, the DHS policy received an initial vote of confidence from a federal appeals court in California. The appellate court held that the policy was likely to fall within DHS’s scope of…

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