Migrant Protection Protocols Now Mandatory Under New Law: Asylum Seekers Must Remain in Mexico

The "Make the Migrant Protection Protocols Mandatory Act of 2025" does exactly what its title says: it forces the implementation of the Migrant Protection Protocols (MPP), commonly known as the "Remain in Mexico" policy. The core change is simple but significant – it switches a single word in the existing Immigration and Nationality Act (8 U.S.C. 1225(b)(2)(C)). Where the law previously said the government may return certain asylum seekers to Mexico while their U.S. cases are processed, it now shall return them. (SEC. 2)

Real-World Impact

This one-word change has big implications. Previously, there was some flexibility in how the MPP was applied. Now, it's mandatory. This means anyone arriving at the southern border seeking asylum must be sent back to Mexico to wait – potentially for months or even years – while their immigration proceedings play out in U.S. courts. For example, a family fleeing violence in Central America and requesting asylum at the border in Texas would be sent back to Mexico to await their hearing, rather than being allowed to stay with relatives in the U.S. or in a U.S. detention facility.

The Bigger Picture: Shifting the Burden

This law fundamentally shifts the responsibility for housing and protecting asylum seekers from the U.S. to Mexico. While it might reduce the immediate number of people being processed within U.S. borders, it raises serious questions about the safety and well-being of those forced to wait in Mexican border towns, which often have high rates of crime and limited resources for migrants. The bill doesn't offer any new resources or provisions to ensure the safety or support of asylum seekers returned to Mexico. It also doesn't address how this mandatory return policy aligns with existing international agreements on asylum and refugee protection.

Potential Challenges, Logistically and Legally

Beyond the humanitarian concerns, there are practical challenges. How will U.S. immigration courts effectively manage cases for people living in Mexico? How will asylum seekers, who may lack resources and stable addresses, be reliably notified of court dates and procedures? The bill offers no details on these logistical hurdles. Further, the bill doesn't outline any screening process to identify individuals who might be particularly vulnerable if returned to Mexico, such as those with serious medical conditions or those who have been specifically targeted for violence.