By Julia Ainsley -
NBC News
After losing a legal battle, the Joe Biden administration tentatively plans to
restart in mid-November
a policy from the era of former President Donald Trump that forces asylum-seeking migrants to wait in Mexico for their immigration court hearings, according to a court filing published late on Thursday.
Biden had ended the Trump Administration's Remain in Mexico policy when he took office this year, saying it
was inhumane
because of the violence faced by migrants waiting in Mexico for their court hearings.
Texas and Missouri sued the government in April
over the suspension of the program, which is formally known as Migrant Protection Protocols (or MPPs).
In August, a federal judge in Texas ordered the Administration to reinstate the policy pending the outcome of the lawsuit.
A judge orders the reinstatement of the immigration program 'Stay in Mexico', created by Trump
Aug. 16, 202100: 26
The Biden administration fought the order, but lost in federal appeals court and the Supreme Court, and later said it would comply with the court order.
["ICE agents will not stop people on their way to work," promises Mayorkas]
Senior Administration officials told reporters Thursday that under the Biden Administration's updated version of 'Stay in Mexico,'
immigrants will get court dates set for up to six months
and attend hearings with immigration judges. in one of
10 courts to be established near Brownsville and Laredo
, Texas.
However, plans to enforce the revised policy would be put on hold if the Biden administration ultimately wins the lawsuit brought by Texas and Missouri.
Mexico will also have the power to amend the policy
, officials said, and the Administration has been consulting with the country on the details.
More than a million migrants have been expelled from the country under Title 42 since March 2020
Oct. 15, 202100: 54
"There are certain issues that Mexico has also raised about the previous application" of the program, one of the officials said.
"Any reimplantation would have to take them into account," he added.
[ICE will not be able to arrest and deport immigrants "just for being undocumented," according to new regulations]
A spokesman for the Department of Homeland Security (DHS) said in a statement: “DHS is taking the necessary steps to comply with the court order, which
requires us to re-implement the MPP in good faith.
We are working to do so, despite our appeal of the court order, including, for example, issuing contracts to rebuild temporary immigration hearing facilities near the southwestern border. "
"Mexico is a sovereign nation that must make an independent decision to accept the return of individuals without [immigration] status in Mexico as part of any re-implementation of the MPP," the statement said.
"Discussions with the Government of Mexico on when and how it will be reimplemented are ongoing," he adds.
Millions of Mexicans who received the Chinese CanSino vaccine or the Russian vaccine do not know if they will be able to enter the United States.
Oct. 15, 202100: 28
'Stay in Mexico', which the Trump Administration began in January 2019, created a boom in the population of migrant camps on the Mexican side of the border.
Human rights organizations documented hundreds of
kidnappings, rapes and abuses of migrants
waiting in the sprawling camps for their asylum hearings.
The Biden Administration has continued to implement - and defend in another court case - the COVID-19 restrictions known as Title 42, which push immigrants back to Mexico or deport them to their home countries without giving them court dates.
Officials said the
Administration will continue to use that policy
and that only immigrants who are not subject to Title 42 - for a variety of reasons - would be subject to remain in Mexico.
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