The U.S. Is Resuming ‘Remain in Mexico’ Policy for Asylum-Seekers

Once again, migrants who would like to enter the United States will need to stay in Mexico while waiting for immigration hearings, as the Biden administration has agreed to comply with a court order and accept conditions set out by Mexico for continuing the Trump-era policy.

Do not hesitate to reach out to our firm today if you have any questions about this policy. Our experienced Wisconsin family immigration lawyers are here to help you. We are just one call away.

Homeland Security secretary finds the policy to have “endemic flaws”

All migrants included in this policy must be vaccinated against COVID-19. Adults will obtain the Johnson & Johnson vaccine, which needs only one shot. Children who are allowed under U.S. guidelines will get the Pfizer shot and will receive the second shots when they arrive at the U.S. for their first hearings.

According to Secretary Alejandro Mayorkas, the policy in question has “endemic flaws, imposed unjustifiable human costs, pulled resources and personnel away from other priority efforts, and failed to address the root causes of irregular migration.”

These cases are determined to be completed within 180 days, as Mexico has voiced apprehensions that they will decline. The Justice Department is assigning 22 immigration judges to work on these cases exclusively.

The U.S. is trying to ensure migrants’ safety

The Biden administration would like to prioritize migrants’ safety when they need to travel to and from the court in both the U.S. and Mexico. Furthermore, migrants returned from Laredo and Brownsville, will be moved to locations further inside Mexico because they are safer.

U.S. officials haven’t communicated how many will be processed daily. The administration has kept in place another Trump-era policy that allows it to return Central Americans to Mexico on the grounds of containing the spread of COVID-19.

Migrants will also have the ability to meet with attorneys before each hearing. The State Department is working with Mexico on locations for video and phone access to attorneys in the U.S.

Additionally, Mexico released a statement saying that “vulnerable” people should be excused, including unaccompanied children, pregnant women, physically or mentally ill people, older people, indigenous people, and members of the LGBTQ community.

Nevertheless, several U.S.-based legal aid groups that have represented asylum-seekers waiting in Mexico are now stating that they will no longer take these cases, which adds queries to the U.S. ability to provide migrants with better access to legal counsel. Administration officials say they think there are sufficiently other lawyers who will represent asylum-seekers sent back to Mexico.

Contact our firm today to learn more about this policy and how it might affect you and your family. Our skilled Wisconsin family immigration lawyers are here for you each step of the way.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

Read Our Latest Blog Posts

  •  What Is a National Interest Waiver?
  •  What’s the Difference Between Non-Immigrant, Immigrant Visas?
  •  What Is the Diversity Visa Lottery?
  •  What if My Asylum Application Is Denied?