USCCB: Biden Administration Begins Rollback of MPP, Title 42 Remains in Effect – What You Need to Know

Dear Justice for Immigrants Members,



Migrant Protection Protocols (MPP)


On February 11, 2021, the Department of Homeland Security (DHS) announced that it would begin phase one of “a program to restore safe and orderly processing at the southwest border,” starting with those who had been enrolled in MPP and have been forced to “remain in Mexico.” This program began on February 19, 2021.


This program is evolving over time and remains subject to change. The U.S. and Mexican governments are collaborating on this effort and are receiving support from the United Nations, the Red Cross, and UNICEF.


To learn more about program, please view this FAQ from USCCB/MRS, CLINIC, and Catholic Charities, available in both English and Spanish:

Additionally, DHS has made the following resources available to the public:

For more information about MPP and asylum generally, please visit the Asylum page of the Justice for Immigrants website.

Title 42


While the Biden Administration has begun to address the impact of MPP, it has not undertaken any action related to the use of Title 42 in response to COVID-19. Title 42 has been cited by the Centers for Disease Control and Prevention (CDC) as authority for preventing the introduction of certain migrants, as well as expelling them without due process (which is distinct from deportation). The CDC’s most recent iteration of this order was released on October 13, 2020 and applies to those seeking asylum.


To learn more about the use of Title 42 in the context of immigration at the U.S.-Mexico border, please view this FAQ from USCCB/MRS, available in both English and Spanish:

Although Title 42 remains in effect, the Biden Administration has announced that it will not be used against unaccompanied children. There is ongoing litigation related to the use of Title 42 on unaccompanied children in a case called P.J.E.S. v. Pekoske (formally P.J.E.S. v. Wolf). For more about this case, please view our backgrounder.