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Makes implementation of the Migrant Protection Protocols mandatory by changing permissive language in the Immigration and Nationality Act from "may" to "shall," converting a discretionary authority into a legal requirement. The change directs that the procedure described in the statute be carried out as a mandatory duty rather than an option. The text does not specify an effective date, funding, or which agency must carry out the requirement.
Amend Section 235(b)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(2)(C)) by striking the word "may" and inserting the word "shall", making the previously discretionary provision mandatory.
Who is affected and how:
Asylum seekers and noncitizen migrants: People seeking admission or asylum at U.S. land ports and border crossings are most directly affected. Making MPP mandatory increases the likelihood that qualifying noncitizens will be returned to a third country (e.g., Mexico) to wait while their U.S. immigration proceedings proceed, which can limit access to counsel, services, and safe shelter.
Migrants required to remain outside the U.S.: Individuals sent back to wait abroad face heightened risks related to safety, health, and legal access; humanitarian organizations assisting these populations will likely see increased demand for services.
Federal immigration enforcement agencies: Customs and Border Protection, Immigration and Customs Enforcement, and other DHS components would have a statutory duty to implement MPP where allowed by the statute. That duty may create operational strain if agencies lack guidance, staff, or funding.
Immigration courts and judges: Mandating MPP could change case flows, potentially increasing remote or staggered hearings and affecting scheduling, backlogs, and access to counsel for respondents waiting outside the U.S.
International and state/local partners: Implementation could affect U.S. relations with neighboring countries asked to accept returned migrants and could involve coordination with local authorities and NGOs.
Practical considerations and risks:
Implementation gap: Because the bill contains no funding or operational guidance, agencies might face difficulties meeting a statutory requirement in practice, leading to uneven application or litigation.
Legal risk: Converting discretion into a mandatory duty may invite constitutional, statutory, or treaty challenges (for example, under asylum law, due process, or international agreements) about when and how MPP can be applied.
Humanitarian impact: Increased use of MPP can elevate risks for vulnerable populations (children, families, asylum seekers with persecution claims) by limiting timely access to protection and legal assistance.
Overall, the change has direct, immediate implications for migrants and border operations while leaving many practical and legal questions unresolved because it includes no funding, effective date, or implementing instructions.
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Read twice and referred to the Committee on the Judiciary.
Introduced January 16, 2025 by Marsha Blackburn · Last progress January 16, 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate