'Migrant Protection Protocols': Legal Issues Related to DHS's Plan to Require Arriving Asylum Seekers to Wait in Mexico [February 1, 2019] [open pdf - 502KB]
"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."
CRS Legal Sidebar, LSB10251
Congressional Research Service: https://crsreports.congress.gov/