What Are the Migrant Protection Protocols?

Immigration has been a major contention point in the United States for decades. One topic that is regularly discussed is that of refugees and asylum-seekers crossing the southern U.S. border from Mexico in search of a better life. 

These individuals often flee their homes in Central and South America to escape war, conflict, violence, or persecution based on religion, race, nationality, political opinion, and more. Because of this, they are protected under international law by the 1951 Refugee Convention—of which the U.S. is a signatory—and should be granted asylum.

However, American politicians and lawmakers have implemented legislation and programs in response to asylum-seekers seeking refuge in the U.S., many of which directly defy the basis of international humanitarian protection. One of those recent responses is known as the Migrant Protection Protocols. In this article, we’ll explain what the Migrant Protection Protocols are and how they affect individuals seeking entry into the U.S.

What You Need To Know About the Migrant Protection Protocols

The Migrant Protection Protocols (MPP)—also referred to as the “Remain in Mexico” program—is a U.S. government program that was initially created in 2019. Under MPP, individuals who seek asylum in the U.S. and are fearful of returning to their home countries are forced to remain in Mexico as they wait for their immigration legal proceedings.

This directly violates the principle of non-refoulement, which forms the core of international law on protection and is a central aspect of the 1951 Refugee Convention. Non-refoulement prohibits any state—like the U.S.—from returning refugees and asylum-seekers to any territory where they are likely to be at risk of irreparable harm upon return, including ill-treatment, persecution, torture, or other serious human rights violations.

In the first year of the MPP program alone, around 70,000 asylum-seekers were turned away at the U.S. border and sent back to Mexico. This directly led to many of them being put in dangerous situations where they faced risks—like kidnapping, extortion, trafficking, torture, and rape—from cartels and corrupt Mexican government agents. 

In fact, since the MPP program was created in 2019, there have been nearly 8,000 public reports of kidnappings, sexual assaults, and other violent attacks against asylum-seekers who were blocked at ports of entry or expelled to Mexico by the U.S. Department of Homeland Security.

On June 30th, 2022, the United States Supreme Court affirmed that the Secretary of Homeland Security—Alejandro Mayorkas—has the discretionary authority to terminate MPP, setting in motion the cessation of the program after a year of lawsuits and injunctions that came in the wake of the first termination of MPP. The termination of the program comes as Secretary Mayorkas has acknowledged that the program has “endemic flaws, imposes unjustifiable human costs, and pulls resources and personnel away from other priority efforts to secure [the] border.”

The International Catholic Migration Commission (ICMC) advocates for the rights of all uprooted people, including refugees, internally displaced persons, and migrants. We welcome the end of the Migrant Protection Protocols in the United States and remain committed to supporting immigration policies that produce more sustainable solutions.

Our efforts include protecting internally displaced children in Burkina Faso, providing assistance to Afghan refugees with our partner agencies, taking part in activism against gender-based violence towards Syrian refugees in Jordan, aiding Ukrainian refugees, and more.

We rely on donations to fund our critical humanitarian work and continue changing lives. Find out how you can make a difference and help migrants, internally displaced persons, and refugees in need today!

About the International Catholic Migration Commission

The International Catholic Migration Commission is a nonprofit organization that protects, serves, and advocates for displaced people throughout the world. We help refugees, asylum-seekers, victims of human trafficking, and migrants of all faiths, races, and ethnicities forge lives in safety and dignity.

With support from people like you, ICMC delivers humanitarian aid and social development, protects vulnerable migrants, contributes to refugee resettlement efforts, advocates before governments, and partners with civic leaders. We seek a sustainable solution to dangerous migration and refugee crises.

Find out more by visiting our website.