Expected Increase In Already Extensive Backlogs As Trump-era Migrant Protection Protocols Are Reinstated
By: Flaviano Graciano / NMILC Communications Manager
The fight to end the Migrant Protection Protocols (MPP) is facing a major setback. In compliance with a federal court order, implementation of the xenophobic Trump-era program went back into effect on Monday, December 6, in select cities.
According to a press release from the Department of Homeland Security (DHS), once “fully operational,” implementation will expand to seven border cities across the Southwest, including El Paso. The reinstatement comes after the Supreme Court denied an appeal by the Biden administration and upheld the decision made by a federal judge in Texas back in August to reinstate the program.
“The Biden administration, like the Trump administration, states that they anticipate people will be through the process within 6 months, which is highly unlikely given that many individuals in the U.S. are not given a first master calendar hearing within the first six months on entry,” Jasmine McGee, NMILC Supervising Attorney said.
McGee says there are already long wait times for individuals residing in New Mexico who are in removal proceedings to have their court hearings. Immigration cases in New Mexico are filed and heard by the El Paso Immigration Court. According to DHS, in addition to faster processing times, MPP-enrolled individuals will be provided Mexican temporary legal status and work permits, have access to counsel, shelter, and safe transportation to and from their court hearings.
“A majority of shelters have been reported to be at full capacity so finding affordable and safe housing may be difficult for migrants who, more than likely, have never been in Mexico before,” said Elizabeth Alvarado, NMILC Paralegal and Asylum Services Coordinator.
Like McGee, Alvarado is not convinced that the administration will be able to resolve cases within 6 months. She says that without an increase in court resources and a limit to the number of individuals allowed to enroll in the program, a 180-day processing time seems highly unlikely.
“During the Trump administration, MPP had a huge backlog of cases. Unfortunately we will most likely see them again with this reinstatement as no structural changes have been made to case processing procedures and there are not enough judges working to resolve cases,” Alavarado stated.
“During the Trump administration, MPP had a huge backlog of cases. Unfortunately we will most likely see them again with this reinstatement as no structural changes have been made to case processing procedures and there are not enough judges working to resolve cases,” Alavarado stated.
The Washington Post reported that the Justice Department has assigned 22 immigration judges to oversee the restart and ensure claims are processed within the 6-month timeline.
“While asylum seekers in Mexico still have a right to legal counsel, there are obvious difficulties in accessing legal counsel for asylum seekers who are outside of the U.S. and who are homeless and in constant fear of their safety,” McGee noted.
McGee believes that like the NMILC, many legal service providers will be unable to assist in lowering backlogs due to geographical restrictions.
“NMILC has worked to increase assistance for asylum seekers in New Mexico. We have a high demand for asylum services in our state and have been successful in helping individuals through consultations and application preparation assistance,” McGee said.
According to a Washington Post article, U.S. officials stated that Mexico is willing to accept asylum seekers from some Spanish-speaking countries, but those from Western Hemisphere countries will likely be denied. Under the Trump administration, more than 60,000 asylum seekers were deported to Mexico.
Flaviano Graciano is the Communications Manager for the New Mexico Immigrant Law Center.
Posted December 9, 2021 by Flaviano Graciano, NMILC Communications Manager.
