The controversial program, officially known as the Migrant Protection Protocols, requires migrants to wait in Mexico for the duration of their immigration hearings. It has resulted in the creation of makeshift camps where hundreds of migrants have waited for weeks, if not months, in miserable and unsafe conditions.
As a result of the coronavirus pandemic, the Trump government postponed in March all hearings related to the so-called Stay in Mexico policy of returning migrants to Mexico until their court date in the United States.
“To resume MPP hearings in a responsible manner that minimizes the risk to public health and the spread of the disease, DHS plans to adhere to the recommended federal guidelines and protocols,” the department said in a press release on Friday.
Once the criteria are met, departments will provide public notice at least 15 calendar days before the resumption of hearings with location-specific details.
Criteria include states moving to new phases of reopening and reducing global health warnings.
The administration’s policy faced legal challenges since its implementation in January 2019, and eventually made it to the U.S. Supreme Court.
In March, the higher court said the policy can stay in place as challenges in the lower courts unfold, marking a victory for the Trump administration, which has increasingly relied on the program since its implementation.
The Trump administration says the policy discourages migrants from attempting illegal crossings or making false claims to stay in the US, which reduces pressure on the US immigration system and allows DHS to “help more effectively to legitimate asylum seekers. “
But immigration advocates argue that the program is illegal, leaves vulnerable people in dangerous situations, and makes it difficult for people with legitimate asylum claims to have refuge in the United States.
CNN’s Priscilla Alvarez and Veronica Stracqualursi contributed to this report.
