Biden Administration Could Reopen More than 34,000 Asylum Cases Along the US-Mexico Border

The U.S. Department of Homeland Security announced today that it would begin reopening the cases of migrants whose asylum cases were rejected under the Migrant Protection Protocols (MPP). 

We at TRAC have been tracking MPP data since the beginning of the program, and our data show that this change could benefit up to 34,528 migrants.

TRAC’s total combines two categories announced by the Biden administration. Cases that will be reopened include two categories: (1) cases where the applicant’s case was terminated, and (2) cases where the applicant received a deportation order without being in court (also known as an ‘in absentia’ order).

TRAC’s data, which is current through the end of May 2021, show that 6,686 migrants had their cases terminated under MPP and 27,842 migrants received deportation orders in absentia. MPP data can be viewed on TRAC’s website here.

From my perspective, the Biden administration’s willingness to give asylum-seekers a real first chance to have their case heard before an immigration judge will allow many migrants to experience a degree of fairness that they did not have under the Migrant Protection Protocols. TRAC’s data show that this could benefit more than 34,000 migrants.

However, we also recently found that less than half of migrants with pending cases have been allowed into the United States, which means that it is unlikely that all of those who are eligible will ultimately be able to reopen their case.

Also noteworthy is that the administration has decided not to reopen the 4,668 cases where immigrants attended their hearings and received a deportation order. So even though this announcement is important, we will have to wait and see how it plays out on the ground.