The reinstatement of this program forces asylum seekers into makeshift shelters without basic access to health care. Additionally, this program may send asylum seekers back to the countries that were inflicting violence upon them, further exacerbating rates of anxiety, depression, and post-traumatic stress.
Department of Homeland Security
An internal instruction issued by a government agency outlining policies, procedures, or actions to be followed by agency employees. While not legally binding outside the agency, these directives guide agency operations and decision-making.
Who It Impacts: Employees and divisions within the issuing federal agency. These directives guide how staff enforce regulations, allocate resources, and interpret laws. They may also affect industries regulated by the agency.
Who Is Not Impacted: The general public and businesses are not directly bound by agency directives, though these policies may indirectly influence enforcement practices that affect them.
Date Enacted
January 21, 2025
Last Updated
July 15, 2025
Policy Type
Justice System
Immigrant Health
Summary
This is a reinstatement of the Migrant Protection Protocols that were originally instituted in January 2019 but later rescinded in 2021. It is more commonly referred to as the "Remain in Mexico" program, which kept asylum applicants in Mexico before a formal court hearing, which could be weeks or months away.
Impact Analysis
Legal Challenges
Doe v. Noem (D. Mass.)
Centro de Trabajadores Unidos v. Bessent (D.D.C.)
Las Americas Immigrant Advocacy Center et al v. U.S. Department of Homeland Security (D.D.C.)
Take Institutional Action
- Healthcare institutions, especially those in border areas, should provide training and education for their healthcare providers and staff on the basic rights of healthcare institutions and immigrants including asylum seekers.
- Healthcare institutions should review current policies and procedures and update where necessary in advance of the arrival of federal officials, including Immigration and Enforcement officials.
- Healthcare institutions should use each healthcare encounter opportunity to provide prevention and health care education to patients who may have limited access to healthcare in the future due to federal enforcement.
Associated or Derivative Policies
N/A
Policy Prior to 2025
Implementation of Migrant Protection Protocols - https://www.dhs.gov/sites/default/files/publications/19_0129_OPA_migrant-protection-protocols-policy-guidance.pdf
Additional Resources
HealthBegins: Immigration Enforcement in Healthcare Settings: How to Prepare and Respond - https://healthbegins.org/immigration-enforcement-in-healthcare-settings-how-to-prepare-and-respond/
National Immigration Law Center: Health Care Providers and Immigration Enforcement: Know Your Rights, Know Your Patients’ Rights - https://www.nilc.org/resources/healthcare-provider-and-patients-rights-imm-enf/
