About the Data on the MPP Program
The Migrant Protection
Protocols (MPP) were formally announced by the Trump
administration on January 24, 2019. These protocols required that certain citizens from
other countries entering illegally or seeking admission without proper documentation to
the U.S. from Mexico were "returned to Mexico and wait outside of the U.S. for the duration
of their immigration proceedings." Typically, individuals were only allowed to temporarily
enter the U.S. to attend their court hearings.
Upon taking office in January 2021 President Biden ordered a review of MPP and on June 1,
2021 Department of Homeland Security Secretary Alejandro Mayorkas terminated MPP.
New procedures were also implemented for processing pending MPP cases (and later
additional classes of MPP cases) through paroling these individuals into the United States
and transferring MPP cases to regular Immigration Courts within the country for
processing.
However, the U.S. District Court for the Northern District of Texas on August 13, 2021
enjoined the termination of MPP and ordered DHS to "enforce and implement MPP in good
faith." A later December 13, 2021 Order
of the Fifth Circuit Court of Appeals upheld the lower court's order.
These MPP tools allow the public to track proceedings in each Immigration Court case
assigned to the MPP program under this "Remain in Mexico" policy from its initiation
under President Trump to the present. Findings are based upon a detailed analysis of
case-by-case Immigration Court records covering all cases that have been assigned to the MPP
program. These individual case records were obtained through requests made by the
Transactional Records Access Clearinghouse (TRAC) at Syracuse University under the
Freedom of Information Act (FOIA) to the Executive Office for Immigration Review (EOIR),
a unit within the Department of Justice where these administrative courts are situated.
Selecting Which TRAC Asylum Tool To Use
TRAC's four MPP tools all start with the same data. They differ by whether they examine all
MPP cases or focus just on particular subclasses of MPP cases depending upon their status at the
end of the Trump administration (January 2021).
All MPP cases. This tool allows users to examine all MPP cases as a single
group.
Pending MPP Cases. This tool focuses on all MPP cases that were pending at the end of
January 2021 or were subsequently assigned to the program.
Reopened MPP Cases. This tool focuses on all MPP cases that were closed at the end of
January 2021 but have been subsequently reopened.
Remained Closed MPP Cases. This tool focuses on all MPP cases that were closed at the
end of January 2021 and that have remained closed.
Using the Data Tool: Controlling Table and Graph Displays
TRAC's MPP web-query tools all work in a similar fashion and display data in three
interconnected tables and a time series graph.
Graph: The time series graph displays the timeline on which the selected cases for each tool was
based. The graph updates to reflect the subset of cases chosen in the table row category last
selected. Mousing over a bar in this graph reveals the data value and date it represents. Either the
number of cases or the percent of cases can be displayed by selecting the appropriate radial
button. Other radial buttons allow the user to switch between displaying fiscal years, or
displaying data month-by-month.
Interconnected Tables: Pulldown menus above each of the three tables control which variable
or factor is displayed. Selections from the three tables below the graph should be made from left
to right and allow the user to "drill" down or filter the data into narrower and narrower
sub-categories. If you select a specific row in the left table, only those cases within that selection will
display in the table to the immediate right.
The tables and graph are interconnected. Click on a row in the left table to display only cases
within that class in the middle table and in the time series graph. Click on a row in the middle
table to display only cases within that class in the right table and in the time series graph. Click
on a row in the right table to display only cases within that class in the time series graph.
Pulldown Menus Above Each Table control the variable or factor displayed. Selections are
common across all four tools.
Available Selections in Asylum Table Pulldown Menus
Time Period:
Fiscal Year Case Began. This selection displays cases based upon the date of the
DHS Notice to Appear (NTA) which generally initiates the Court case. This selection displays
all cases initiated during the entire fiscal year, or for the current fiscal year through the
latest month that data are available. The federal government's fiscal year runs from
October 1 to September 30.
Month and Year Case Began. Similar but selection displays cases month-by-month.
Location:
Immigration Court - Jan 2021. This is the Court the case was assigned to as of January
2021. MPP cases were initially assigned to special MPP hearing locations along the
border. Each of these was under an Immigration Court assigned administrative
responsibility for handling proceedings in their geographic district. Courts are usually
referred to by the city or place where they are located—what EOIR refers to as their
"base city." Street addresses for all Courts are found here.
Hearing Location - Jan 2021. Records hearing location case assigned to as of January
2021. Each Immigration Court usually has more than one geographic location in which
judges hold hearings. Special MPP hearing locations were set up along the border. Street
addresses for hearing locations are found here.
Immigration Court - Current. This is the Immigration Court the MPP case is currently
assigned to.
Hearing Location - Current. This is the hearing location the MPP case is currently
assigned to.
Demographic Characteristics of Individual:
Nationality. The recorded nationality of the individual.
Language. The language recorded as spoken by the individual.
Age Group. The individual's age at the time the Notice to Appeal (NTA) initiating
Immigration Court proceedings was issued. This is calculated by TRAC based on the date
of birth (where this was recorded by EOIR) and the date on the NTA. Birthdate is not
always present in EOIR records and was usually missing until fairly recently.
Gender. Whether the individual was recorded as a "male" or "female." Gender is not
always present in EOIR records and was usually missing until fairly recently.
Case Characteristics:
Custody. Represents current detention status. That is, whether the individual remained
detained, was detained but released from custody, or was never detained since court
proceedings began.
Hearing Attendance - Jan 2021: This records whether the individual is still waiting for the first
hearing, has always been present at hearings, or was not present at the last hearing (absentia
decision) as of January 2021.
Hearing Attendance - Current. Current hearing attendance.
Outcome - Jan 2021: This records the decision or closure reason for the entire case, or
whether the case is still pending as of January 2021. Outcomes include:
Pending. Case remains open and has not been closed.
Removal Orders. Immigration Court judge sustains the removal charge(s) against
the individual and issues a removal order. The term "removal" is used in a generic
sense and includes orders of deportation, exclusion, etc. A removal order bars the
individual from returning to the U.S. for a period of years, or in some cases
permanently.
Voluntary Departure Orders. Immigration Court judge sustains the removal
charge(s) and issues an order of voluntary departure. A so-called "voluntary
departure" is when the individual is required to leave the country but is not legally
barred from returning.
Terminated (no grounds for removal). Immigration Court judge finds the removal
charge(s) against the individual are not sustained and "terminates" the case.
Situations where the alien has established eligibility for naturalization can be
grounds for termination.
Relief Granted: Immigration Court judge sustains the removal charges but finds
provisions in the immigration law entitle the individual to "relief" from removal,
allowing them to enter and remain in this country.
Administrative/Other Closure: Immigration Court judge decides not to deport the
individual for other unspecified reasons, or closes the case administratively or
because of the failure of the government to prosecute the case. This category
formerly included closures in which the individual was given temporary protected
status.
Outcome - Current. Uses same categories described in Outcome above, but reflects
current outcome in the case.
Change in Case Characteristics:
New MPP Case Since Jan 2021. Identifies cases that were assigned to MPP after
January 2021.
Change to non-MPP Hearing Location. Identifies cases that were transferred from an
MPP hearing location to a regular hearing location.
Change in Representation. Compares whether an individual was or wasn't
represented as of January 2021 and their current representation status.
Change in Outcome. Compares the outcome as of January 2021 with their current
outcome status.
Footnotes
See December 2, 2021 DHS memorandum
providing "Guidance regarding the Court-Ordered Reimplementation of the Migrant Protection Protocols.
Additional TRAC Immigration Enforcement Data and Tools
To access additional data using other TRAC immigration enforcement tools, go to
this directory of data tools.
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