Practice Advisory: Strategies for Working with Children Affected by the Migrant Protection Protocols (MPP)

On December 20, 2018, Secretary of Homeland Security Kirstjen Nielsen announced the creation of the Migrant Protection Protocols (MPP) Policy, also referred to as the “Remain in Mexico” policy. In the announcement, Secretary Nielsen touted the MPP program as “historic measures to bring the illegal immigration crisis under control.” MPP has made access to the United States asylum system much more difficult, has placed vulnerable asylum seekers in heightened danger, and represents the abandonment of the United States government’s duty to provide protection to those who fear persecution. Advocates have challenged MPP in federal court, and the Court of Appeals for the Ninth Circuit has found MPP unlawful, though it remains in effect while litigation is ongoing. Legal services providers around the country have been encountering children in the custody of the Department of Health and Human Services Office of Refugee Resettlement (ORR) who have been affected by MPP. Addressing the legal concerns of children in this unique situation has raised new challenges in the representation of unaccompanied children. This practice advisory will discuss how MPP may affect unaccompanied children and the rapidly developing strategies practitioners are using to address their legal needs.