Urbano: "Mexico is cornered on the immigration issue" 3:25
(CNN) -
The Joe Biden administration this Monday re-launched a Trump-era border policy known as "Remain in Mexico," according to the Department of Homeland Security, re-launching the program that allows officials send non-Mexican migrants to Mexico to await their US immigration court hearings.
The policy began in El Paso, Texas, according to two Customs and Border Protection officials.
The program, which forces non-Mexican migrants to remain in Mexico until their hearing in US immigration court, was suspended at the beginning of President Joe Biden's term and formally terminated months later.
Program "Remain in Mexico": what is it, when did it come about and where are we going now?
But in August, a federal judge in Texas said the Biden administration had violated federal law in the way it had proceeded to roll back the program and demanded that it be reinstated.
Administration officials emphasized Thursday that they were only re-implementing the policy formally known as Migrant Protection Protocols (MPP), due to the court order.
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Immigration advocates were quick to condemn the announcement and some Democratic lawmakers criticized the measure.
Senator Bob Menendez said in a statement that he was "deeply concerned" that the Biden administration is "overseeing an expansion of this inhumane policy and implementing the court order before critical protections are put in place."
"By adding new nationalities to this policy, enforcing Stay in Mexico across the border, and limiting access to an attorney to just 24 hours before entire individuals and families return to Mexico, the administration goes far beyond an implementation in good faith of the court order, "said the New Jersey Democrat.
The administration plans to initially start the program at one port of entry, but it will expand rapidly to "all the key ports on the southwest border," an official said, adding that people will return to the US for court hearings in four. Border ports: San Diego, El Paso, Laredo and Brownsville.
The program will potentially be open to all nationalities in the Western Hemisphere, another official said, a shift from Trump-era policy.
Two Trump-era border policies return
With the re-implementation of "Remain in Mexico," two controversial border policies from the Trump era will be in effect under Biden.
The Trump-era public health order known as "Title 42" that allows for the swift removal of migrants at the US-Mexico border remains in effect.
Title 42: Trump-era border policy allowing expedited deportation
The health order will take precedence over MPPs, which means the United States will continue to expel those eligible under the health order.
Those who are not expelled under the health order will be considered on a case-by-case basis to await their judicial hearings in Mexico.
The Biden administration continues to appeal the court order and plans to terminate the policy if the court allows it.
Amid the appeal effort, the administration has held high-level talks with Mexico to restart the program, which requires significant cooperation with Mexico at the border.
Mexico "demanded a series of humanitarian improvements" as a condition for accepting people into Mexico under this program, one of the officials said.
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The changes of "Remain in Mexico"
The program was launched under the Trump administration in January 2019 as an attempt to curb illegal migration at the US-Mexico border.
Officials said the Biden administration has made several changes to the program, such as asking all potential registrants if they are afraid to return to Mexico.
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The categories of vulnerable individuals that may be exempted from enrollment in the program will be expanded to include people with physical and mental health problems, the elderly, and people at risk of discrimination, particularly those who may be discriminated against because of their gender orientation or sexual identity, the official said.
The United States also agreed to complete the court hearings within 180 days "to the greatest extent possible," the official added.
All people enrolled in the program will receive covid-19 vaccines before they return to Mexico, an important step for Mexico, the official said.
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Access to an attorney was also a point of contention between US and Mexican officials.
Everyone on the new show will have access to a lawyer before and during their interviews about the fear of returning to Mexico, as well as before court hearings in the United States, the official added.
Another official said that transportation from Mexico to the border will also be improved.
Round-trip transportation from court hearings will be arranged, and Mexico will provide security escort for buses to and from court hearings.
Additionally, people in the program will move from Laredo and Brownsville courts to inner cities seeking refuge while they await transportation to a court hearing, the official said.
CNN's Priscilla Alvarez contributed to this report.
Stay in Mexico
