DHS, DOJ Outline Plan to Restart Hearings Under Migrant Protection Protocols
In an announcement Friday, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) outlined plans to resume hearings for asylum seekers under Migration Protection Protocols (MPP). Court dates have been postponed due to the COVID-19 pandemic and will resume based on a combination of state and federal guidelines.
In a joint DHS and DOJ release, the law enforcement agencies noted their commitment to “resuming removal hearings for aliens subject to the Migrant Protection Protocols (MPP) as expeditiously as possible.”
Under the MPP, individuals seeking admission to the U.S. may be returned to Mexico while awaiting immigration proceedings. The policy is aimed at preventing unlawful residence in the county and providing incentives for individuals immigrating to the country to attend their court proceedings.
“To lend greater certainty in a fluid COVID-19 environment, DHS has maintained close contact with the Department of State (DOS) and the Government of Mexico (GOM) and worked with DOJ to identify public health criteria to determine when hearings may resume swiftly and safely,” the release explains.
Based on these communications, DHS outlined factors for determining when to resume MPP hearings and safeguards for both DHS employees and individuals seeking asylum following entrance into the country.
The criteria for restarting MPP hearings, as stated by DHS, are:
When California, Arizona, and Texas progress to Stage 3 of their reopening plans.
When DOS and CDC lower their global health advisories to Level 2, and/or a comparable change in health advisories, regarding Mexico in particular.
When GOM’s “stoplight” system categorizes all Mexican border states (i.e., Tamaulipas, Nuevo Leon, Coahuila, Chihuahua, Sonora, and Baja California) as “yellow.”
Once each of these conditions are met, the release lists the following steps DHS and DOJ will take to ensure that MPP hearings can safely resume:
DHS will develop detailed, location-specific plans to safely resume MPP hearings consistent with CDC guidelines. These plans at a minimum will address, but are not limited to, intake processes for aliens and visitors, transportation requirements, facility size, overnight hold capacity, and cleaning schedules.
All agencies will apply CDC social-distancing guidelines, as appropriate, at each stage of the court hearing process and consistent with local operational realities. Once a facility’s capacity is reached, the remaining aliens will have their hearings rescheduled for a future date.
For the entirety of the hearing process, all DHS and DOJ personnel and aliens will be required to wear face masks that are consistent with CDC guidance and subject to any applicable policies of either Department. This requirement will apply to the immigration hearing facilities (IHFs) in Laredo and Brownsville. All visitors will also be required to wear face masks while they are in the facilities.
All DHS personnel participating in the processing of MPP aliens, aliens arriving to attend MPP hearings, and visitors entering the IHFs, will have their temperatures checked prior to entering any DHS facility. Aliens displaying a fever of over 100.4 degrees Fahrenheit will have their court hearing rescheduled. At the IHFs in Laredo and Brownsville, any visitor displaying a fever of over 100.4 degrees Fahrenheit will not be able to enter the facility. DHS personnel displaying a fever of over 100.4 degrees Fahrenheit will be managed according to agency-specific protocols.
All congregate settings will be cleaned and disinfected regularly according to CDC guidelines for similar facilities.
Every reasonable effort will be made to avoid holding migrants overnight in DHS custody.