S.112 - Make the Migrant Protection Protocols Mandatory Act of 2025 (119th Congress)
Summary
The "Make the Migrant Protection Protocols Mandatory Act of 2025" (S.112) aims to amend the Immigration and Nationality Act, specifically section 235(b)(2)(C), by changing "may" to "shall." This change mandates the implementation of the Migrant Protection Protocols (MPP), also known as "Remain in Mexico." The bill was introduced in the Senate on January 16, 2025, and referred to the Committee on the Judiciary.
Expected Effects
The primary effect of this bill, if enacted, would be the mandatory implementation of the Migrant Protection Protocols. This would require asylum seekers arriving at the U.S. border to remain in Mexico while their cases are processed. This could lead to significant changes in border management and asylum processing.
Potential Benefits
- Potentially reduces the strain on U.S. resources by shifting the responsibility of housing and supporting asylum seekers to Mexico.
- May deter some individuals from making asylum claims, leading to a decrease in overall border crossings.
- Could expedite the processing of asylum claims by reducing the number of individuals present in the U.S. while awaiting adjudication.
- May reduce instances of asylum seekers absconding while awaiting their court dates.
- Could strengthen the U.S.'s negotiating position with Mexico regarding border security and immigration policies.
Potential Disadvantages
- Raises humanitarian concerns regarding the safety and well-being of asylum seekers in Mexico, particularly vulnerable populations.
- Potentially violates international agreements related to the treatment of asylum seekers.
- Could strain diplomatic relations with Mexico due to the increased burden placed on their resources and infrastructure.
- May increase legal challenges and litigation related to the implementation of MPP.
- Could create logistical and administrative challenges in coordinating the return and tracking of asylum seekers.
Constitutional Alignment
The bill's constitutional alignment is complex. While Congress has broad authority over immigration under Article I, Section 8, Clause 4, the implementation of MPP raises concerns about due process and equal protection under the Fifth Amendment. The potential for violations of international treaties, which are considered the supreme law of the land under Article VI, also raises constitutional questions. The mandatory nature of the bill could limit executive branch discretion in foreign policy, potentially infringing on the President's powers.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).