The Reinstatement of ‘Remain in Mexico’ & Its Impact on Asylum Seekers

For thousands of asylum seekers, the promise of safety in the United States has been replaced with uncertainty, fear, and danger. The ‘Remain in Mexico’ policy, officially known as the Migrant Protection Protocols (MPP) program, forces migrants to wait in Mexico while their cases crawl through U.S. immigration courts—a process that can take months or even years.

Originally implemented by the Trump administration in 2019, the program was suspended in 2021 when the Biden administration tried to end it. But a court order reinstated MPP, once again placing migrants in limbo, often in Mexican border cities where violence, extortion, and kidnappings are a daily reality. Due to a Supreme Court decision, the program was formally ended again in October 2022.

On January 21, 2025, the new administration announced that MPP would be put back into effect for the third time. The MPP policy will continue to shape the asylum landscape, leaving migrants vulnerable to insecurity and uncertainty.

For individuals subject to the policy, seeking asylum isn’t just about filing paperwork. It’s about survival. With border officials and CBP agents controlling access, the pathway to a safer future has become more unpredictable than ever. Meanwhile, those affected are left stranded, facing dangerous conditions with no clear way forward. The Department of Homeland Security (DHS), responsible for enforcing these policies, has faced growing criticism for failing to provide adequate protections for asylum seekers.

A System That Creates More Risk Than Safety

The Reality for Migrants Forced to Wait in Mexico

Policies like MPP don’t exist in a vacuum. They impact real people—people who fled their homes, escaping persecution, cartel violence, and political turmoil, only to be met with another form of hardship. Instead of finding protection under the Convention Against Torture, many are left in border towns controlled by criminal groups, where the risk of being kidnapped or extorted is high.

Reports from Human Rights Watch, the United Nations High Commissioner for Refugees (UNHCR), and ABC News highlight the grim reality: migrants left under MPP are often targeted because they were migrants. The result? A humanitarian crisis unfolding just miles away from the U.S.-Mexico border.

Beyond physical threats, basic survival is a struggle. With no legal right to work, asylum seekers can’t earn a living. Many rely on humanitarian aid, which is stretched thin. Others are forced into unsafe, exploitative jobs, or even worse—left without shelter, food, or medical care.

Why Seeking Asylum Becomes Nearly Impossible

Even before the reinstatement of MPP, the asylum process was complicated. Now, it’s nearly impossible:

• Finding a lawyer is a luxury – Many U.S. attorneys are unable to represent clients stranded in Mexico, leaving migrants without legal guidance in their immigration cases.
• Court hearings are unpredictable – Asylum seekers must rely on border officials to let them in for their court dates. If they miss a hearing through no fault of their own, they face automatic deportation.
• Traveling to court is a risk in itself – Migrants must navigate cartel-controlled regions, sometimes traveling for hours in dangerous conditions, just to attend a hearing in U.S. immigration court.

This system isn’t designed for fairness—it’s designed to make migrants give up. For many, that means either enduring endless delays in Mexico or returning to the very dangers they fled.

Title 42: Another Roadblock in the Asylum Process

A Public Health Order or an Excuse to Close the Border?

As if MPP wasn’t bad enough, another policy—Title 42— made it even harder for migrants seeking asylum to gain protection in the U.S. First implemented during the Trump administration and later maintained by the Biden administration until 2023, Title 42 allowed border officials to expel migrants immediately under the guise of public health protections, such as those related to COVID-19. Now, the Trump administration has announced that it will deploy Title 42 again, by labelling immigrants “public health risks” who could spread diseases in the U.S., such as tuberculosis.

For many, Title 42 expulsions means being pushed back into dangerous Mexican border cities, where they’re at the mercy of criminal organizations. Unlike the standard immigration process, Title 42 does not even allow migrants the opportunity to apply for asylum—they are simply turned away at the border with nowhere to go.

Critics, including the United Nations refugee agency and Human Rights Watch, argue that Title 42 has little to do with public health and everything to do with border enforcement.

Legal Battles Over MPP and Title 42

While advocates continue to fight against MPP and Title 42, legal battles have kept these restrictive policies alive.

States like Texas and Missouri have aggressively pushed back against attempts to end these programs, arguing that doing so would cause a surge in migrant encounters at the southern border.

In February 2024, immigration advocates pushed for the Biden administration to end Title 42 once and for all, arguing that it violates international law and the Convention Against Torture.

Despite these efforts, the current administration is committed to bringing them back to enforce its border patrol policies of shutting out immigrants.

The Future of Asylum Policy in the U.S.

For thousands of displaced people, the ability to seek asylum is becoming more of a political debate than a human rights issue. Will MPP finally be eliminated? Will Title 42 be overturned? The answers depend on expected, continuing litigation in the federal courts, congressional action, and international advocacy. Meanwhile, immigrants who want to seek asylum in the U.S. are blocked from doing so, violating their right to due process.

How the Law Office of Lina Baroudi Can Help

If you or a loved one has been affected by the ‘Remain in Mexico’ policy or Title 42 expulsions, you don’t have to navigate this battle alone. The Law Office of Lina Baroudi is here to help. We focus exclusively on immigration law, advocating for those who are trapped in dangerous conditions while fighting for their legal right to seek asylum.

With the system working against you, having a dedicated Bay Area asylum attorney can make all the difference. Contact us today—because everyone deserves a fair chance at safety and stability.