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Reps. Cammack, Higgins Send Letter To DHS Sec. Mayorkas On Status Of Migrant Protection Protocol

Press release from the Office of Congresswoman Kat Cammack

Congresswoman Kat Cammack (FL-03) and Congressman Clay Higgins (LA-03) sent a letter to Department of Homeland Security Secretary Alejandro Mayorkas seeking answers about the Department’s reinstatement of the Migrant Protection Protocol (MPP).

“Border Patrol agents in the field recently informed us that they were told by this Administration to stand down and wait for further guidance regarding MPP after the Supreme Court decision on August 24, 2021. We are concerned, however, to learn that the program has not yet been reinstated and that there is currently no timeline for reinstatement,” the lawmakers wrote. “We request an update on the discussions between the Administration and the Mexican government to reimplement MPP.”

The full text of the letter is below.

Dear Secretary Mayorkas,

We write today concerned about the status of the Migrant Protection Protocol (MPP) reinstatement under your leadership at the Department of Homeland Security.

Border Patrol agents in the field recently informed us that they were told by this Administration to stand down and wait for further guidance regarding MPP after the Supreme Court decision on August 24, 2021. As a result, MPP is not being implemented as ordered by Judge Matthew Kacsmaryk, in which case the Supreme Court denied an application for a stay. According to a Washington Post article from August 31, 2021, the conversations have begun.[1] We are concerned, however, to learn that the program has not yet been reinstated and that there is currently no timeline for reinstatement.

Though this Administration may appeal the District Court’s decision, the Department must enforce and implement MPP in good faith. We are concerned this Administration will slow walk the reinstatement of MPP with the ultimate goal of an alternate decision through the appeals process. Your August 24, 2021, statement says that the Department of Homeland Security “disagrees” with the Supreme Court’s decision and that the Department will “continue to vigorously fight it,” but that DHS will comply with the order in good faith.[2]

We request an update on the discussions between the Administration and the Mexican government to reimplement MPP. Additionally, we request the same report you are required to transmit to the U.S. District Court for the Northern District of Texas that includes:

1. the total monthly number of encounters at the southwest border;
2. the total monthly number of aliens expelled under Title 42, Section 1225, or under any other statute;
3. the total detention capacity as well as current usage rate;
4. the total monthly number of “applicants for admission” under Section 1225;
5. the total monthly number of “applicants for admission” under Section 1225 paroled into the United States; and
6. the total monthly number of “applicants for admission” under Section 1225 released into the United States, paroled or otherwise.[3]

We look forward to your prompt response.

Sincerely,

Kat Cammack & Clay Higgins
Members of Congress

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