Bye-Bye Migrant Protection Protocols

Tuesday, July 5, 2022

Written By Lisa Shea, Esq.

On June 30, 2022, the Supreme Court handed down a major victory for due process in Biden v. Texas, 597 U.S. ___ (2022)a decision permitting the Biden administration to terminate Trump’s Remain in Mexico policy (Migrant Protection Protocols (MPP)), which the administration attempted to do June 1, 2021, but was sued. The MPP program permitted U.S. Border Patrol to keep in Mexico and send back to Mexico, those immigrants with pending immigration court hearings in the United States, instead of allowing them to wait in the United States. While there is an issue with thousands of people crossing the border, this program did not meet our country’s stringent due process requirements or our international obligations to protect those seeking asylum while they are in the process of seeking asylum and instead sent thousands back into dangerous living conditions that sparked even more illegal entries into the United States. Further, persons awaiting US court proceedings in Mexico did not have adequate means to work with a United States attorney to prepare their case and had a much higher likelihood of being summarily deported rather than their cases heard in a prepared and meaningful way. Perhaps now we can see a return to justice and family unification. If you know someone at the border who needs assistance, please feel free to schedule a consultation with our firm, we have over 30 years of experience in removal defense, asylum, and working with Border Patrol and Immigration and Customs Enforcement. 


Lisa Shea is a shareholder at Vanderpool, Frostick & Nishanian, P.C. She is leading the firm’s Immigration practice, as well as Immigration Chair for the Prince William County Bar Association. If you have additional questions or concerns contact Lisa Shea at or call us at 703-335-2009. (for information about immigration solutions) (for information about solutions in other areas of law)

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer