The Department of Homeland Security (DHS) has announced a Draft Programmatic Environmental Assessment (PEA) and Draft Finding of No Significant Impact (FONSI) for the proposed reinstatement of the Migrant Protection Protocols (MPP) program, commonly known as the “Remain in Mexico” policy.
This announcement, set for publication in the Federal Register on April 25, 2025, follows Executive Order 14165, “Securing Our Borders,” issued by President Donald Trump on January 20, 2025, which mandates the program’s resumption across the U.S. southern border. DHS is now inviting public feedback to ensure the program balances immigration enforcement with environmental and community considerations.
The MPP program, first introduced on December 20, 2018, under Section 235(b)(2)(C) of the Immigration and Nationality Act, requires certain undocumented migrants entering the U.S. from Mexico to wait in Mexico during their immigration proceedings. Terminated in 2022 amid shifting policies, the program processed migrants at U.S. ports of entry (POEs), issued Notices to Appear, and returned them to Mexico, allowing re-entry for court hearings.
A U.S.-Mexico agreement had ensured humanitarian protections for those returned; however, the program was questioned about security and other humanitarian issues. The program’s proposed revival responds to renewed border challenges, as directed by EO 14165, which instructs DHS, alongside the Departments of State and Justice, to reinstate the MPP.
DHS attributes the need for reinstatement to a significant surge in migrant arrivals overwhelming U.S. immigration systems. This influx has facilitated illegal entries, human smuggling, trafficking, and the flow of drugs and contraband, posing risks to national security and public safety.
By resuming the MPP, DHS aims to establish a controlled immigration process, reduce pressure on detention facilities, and disrupt illicit networks. The program enables DHS to return eligible migrants to Mexico pending removal proceedings under Section 240 of the INA (8 U.S.C. 1229a), fostering a safer and more orderly border environment.
Prepared under the National Environmental Policy Act (NEPA) of 1969, the Draft PEA assesses the environmental, cultural, socioeconomic, and physical impacts of the MPP’s lifecycle, from resumption to potential future termination. It proposes best management practices (BMPs) to mitigate adverse effects, such as impacts on natural resources and local communities.
While the PEA streamlines reviews for repetitive MPP activities, specific projects, like constructing temporary processing facilities, will require additional environmental assessments. DHS clarifies that no operations will occur in Mexico, exempting the program from Executive Order 12114 on environmental impacts abroad.
The Draft PEA evaluates two alternatives: the Proposed Action, which implements the MPP as directed, and the No Action Alternative, where DHS would rely on other enforcement methods, such as emergency authorizations, without resuming the MPP. The Draft FONSI concludes that, with routine BMPs, the Proposed Action is unlikely to significantly harm the environment or quality of life. This finding reflects DHS’s commitment to integrating environmental stewardship into its border security mission, ensuring compliance with federal regulations.
DHS is seeking input from federal agencies, Tribal, state, and local governments, and the public during a 30-day comment period starting April 25, 2025. The MPP’s reinstatement is part of a broader strategy to address complex border dynamics, balancing security, humanitarian, and environmental priorities. Historically, the policy has sparked debate, with proponents highlighting its deterrence of illegal crossings and critics questioning its humanitarian implications. The Draft PEA’s focus on environmental analysis demonstrates DHS’s intent to navigate these challenges responsibly, minimizing ecological and community impacts.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
