REMAIN in Mexico Act of 2025
- Bill Number
- H.R. 273
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-01-09: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-04-29T08:07:08Z
AI-Generated Summary
Purpose
The legislation aims to mandate the continuation and implementation of the Migrant Protection Protocols (MPP), a policy also known as "Remain in Mexico." This requires certain migrants seeking asylum at the U.S.-Mexico border to wait in Mexico while their U.S. immigration cases are processed, with the goal of managing border crossings and asylum claims.
Key Provisions
- Implementation Directive: The Secretary of Homeland Security must enforce the MPP exactly as outlined in the January 25, 2019, memorandum by former Secretary Kirstjen Nielsen, titled "Policy Guidance for Implementation of the Migrant Protection Protocols."
- Override Clause: The directive applies "notwithstanding any other provision of law," meaning it takes precedence over conflicting existing laws or regulations.
- Scope: The policy targets non-Mexican nationals arriving at the southwest U.S. border who express fear of return to their home country or intent to apply for asylum, requiring them to remain in Mexico during proceedings unless specific exemptions apply (as per the 2019 guidance).
Significant Changes to Existing Law
- This bill reverses or overrides any prior administrative actions that suspended or ended the MPP, such as the termination under the Biden administration in 2021.
- It eliminates flexibility for the Department of Homeland Security (DHS) to modify or discontinue the program without congressional approval, embedding the 2019 policy framework into statutory law.
Potential Impacts
- On Government Agencies: DHS, particularly U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE), would face renewed operational requirements, including coordination with Mexican authorities for migrant returns and case processing, potentially straining resources at the border.
- On Citizens and Migrants: U.S. citizens and border communities may see reduced immediate asylum entries, possibly easing local pressures on services, but it could increase risks for migrants waiting in Mexico, who might face dangers like violence or exploitation.
- On International Relations: Strengthens reliance on Mexico for hosting migrants, which could improve bilateral cooperation on border security but risk tensions if Mexico objects to the burden, affecting diplomatic ties and trade discussions.
Main Stakeholders Affected
- Department of Homeland Security (DHS): Directly responsible for enforcement and compliance.
- Asylum Seekers and Migrants: Primarily non-Mexican nationals from Central America and beyond seeking protection at the U.S. border, who must wait in Mexico.
- U.S. Border States and Communities: Such as Texas and California, impacted by changes in migrant flows and border management.
- Government of Mexico: Involved in receiving and protecting returned migrants under the protocol.
- Immigration Advocates and Legal Groups: Likely to engage in monitoring compliance and supporting affected individuals.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The bill could face court challenges similar to past MPP litigation, where federal courts (including the Supreme Court in 2020) upheld the policy but questioned its implementation details; the override clause may limit executive discretion but invite lawsuits over administrative feasibility.
- Constitutional Implications: Raises due process concerns under the Fifth Amendment for asylum seekers, as waiting in Mexico might hinder access to fair hearings (asylum is a right under U.S. and international law, though processing location is debated).
- Political Implications: Reinforces congressional oversight of immigration enforcement, potentially polarizing debates on border security and humanitarian protections, with support from Republican lawmakers focused on reducing illegal crossings.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (110)
Rep. Mace, Nancy [R-SC-1], Rep. Ogles, Andrew [R-TN-5], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Burlison, Eric [R-MO-7], Rep. Nehls, Troy E. [R-TX-22], Rep. Cloud, Michael [R-TX-27], Rep. Higgins, Clay [R-LA-3], Rep. Malliotakis, Nicole [R-NY-11], Rep. Tenney, Claudia [R-NY-24], Rep. Wied, Tony [R-WI-8], Rep. Moore, Riley [R-WV-2], Rep. Boebert, Lauren [R-CO-4], Rep. Arrington, Jodey C. [R-TX-19], Rep. Davidson, Warren [R-OH-8], Rep. Crane, Elijah [R-AZ-2], Rep. Crenshaw, Dan [R-TX-2], Rep. Brecheen, Josh [R-OK-2], Rep. Donalds, Byron [R-FL-19], Rep. Self, Keith [R-TX-3], Rep. Hudson, Richard [R-NC-9], Rep. Houchin, Erin [R-IN-9], Rep. Miller, Mary E. [R-IL-15], Rep. Mills, Cory [R-FL-7], Rep. Palmer, Gary J. [R-AL-6], Rep. Yakym, Rudy [R-IN-2], Rep. Rulli, Michael A. [R-OH-6], Rep. Biggs, Andy [R-AZ-5], Rep. Sessions, Pete [R-TX-17], Rep. Lawler, Michael [R-NY-17], Rep. Messmer, Mark [R-IN-8], Rep. Downing, Troy [R-MT-2], Rep. McGuire, John [R-VA-5], Rep. Pfluger, August [R-TX-11], Rep. Perry, Scott [R-PA-10], Rep. Harris, Andy [R-MD-1], Rep. Hageman, Harriet M. [R-WY-At Large], Rep. Fry, Russell [R-SC-7], Rep. Babin, Brian [R-TX-36], Rep. Van Duyne, Beth [R-TX-24], Rep. Balderson, Troy [R-OH-12], Rep. Hern, Kevin [R-OK-1], Rep. Begich, Nicholas [R-AK-At Large], Rep. Harris, Mark [R-NC-8], Rep. Evans, Gabe [R-CO-8], Rep. Harrigan, Pat [R-NC-10], Rep. Huizenga, Bill [R-MI-4], Rep. Dunn, Neal P. [R-FL-2], Rep. Finstad, Brad [R-MN-1], Rep. Norman, Ralph [R-SC-5], Rep. Smith, Jason [R-MO-8] and 60 more
Recent Actions
- 2025-01-09: Referred to the House Committee on the Judiciary.
- 2025-01-09: Introduced in House
- 2025-01-09: Introduced in House
Bill Versions
- Return Excessive Migrants and Asylees to International Neighbors in Mexico Act of 2025 — issued 2025-01-09 — PDF (2 pages)