The controversial program — officially known as the Migrant Protection Protocols
— requires migrants to wait in Mexico for the duration of their immigration hearings. It has resulted in the creation of makeshift camps
where hundreds of migrants have waited for weeks, if not months, in squalid and unsafe conditions.
As a result of the coronavirus pandemic, the Trump administration in March first postponed
all hearings related to the so-called Remain in Mexico policy of returning migrants to Mexico until their court date in the US.
“In order to resume MPP hearings in a responsible manner that will minimize risk to public health and the spread of disease, DHS plans to adhere to recommended federal guidance and protocols,” the department said in a press release Friday.
Once the criteria are met, the departments will provide public notification at least 15 calendar days prior to resumption of the hearings with location-specific details.
Criteria includes states moving into new phases of reopening and lowering of global health advisories.
The administration’s policy faced legal challenges since its implementation in January 2019, ultimately landing before the US Supreme Court.
In March, the high court said the policy can stay in effect
while challenges in the lower courts play out, marking a victory for the Trump administration, which has increasingly relied on the program since its implementation.
The Trump administration says
the policy discourages migrants from attempting illegal crossings or making false claims to stay in the US, thus reducing the strain on the US immigration system and allowing for DHS to more “effectively assist legitimate asylum-seekers.”
But immigration advocates argue that the program is unlawful, leaves vulnerable people in dangerous situations, and makes it harder for those with legitimate asylum claims to be granted refuge in the US.