Lummis Proposes Bringing Back ‘Remain in Mexico’ Policy as Title 42 Expires 

May 10, 2023

WASHINGTON, D.C. – U.S. Senator Cynthia Lummis (R-WY) joined U.S. Senator Marsha Blackburn (R-TN) in introducing the Migrant Protection Protocols Mandatory Act to reinstate the Migrants Protection Protocols, better known as the Remain in Mexico program that was highly effective at slowing the flow of illegal immigration during the Trump administration. The bill will immediately address the crisis at our southwest border that has turned Wyoming into a de facto border state. Title 42 protections end tomorrow, and it is expected that thousands of migrants currently waiting at the border will illegally enter the United States when this provision expires. 

“The Remain in Mexico policy worked and should be reinstated,” said Senator Lummis. “The crisis at our southwest border is impacting every state including Wyoming and will only worsen this week when Title 42 is lifted. With illegal border crossings reaching record highs, we need solutions to stop the flow of illegal immigration at the border, which is why I’m joining my colleague Sen. Blackburn in introducing this commonsense legislation that will end catch and release. This is an important first step in getting the crisis at the border under control.”


  • In January 2019, the Department of Homeland Security (DHS) instituted the successful Migrant Protection Protocols (MPP), which ended the failed policies of catch and release and restored orderly processing of illegal immigrants.   
  • Under this policy, upon arrival at the border, migrants were issued Notices to Appear for an immigration court hearing at a later date and returned to Mexico.  
  • While migrants awaited their hearing, Mexico agreed to provide humanitarian aid under the U.S.-Mexico Joint Declaration and Supplementary Agreement.  
  • President Biden backtracked on these treaty obligations when he suspended the program on his second day in office.  
  • There have been approximately 5.7 million encounters at the southwest border since President Biden took office.    
  • There are currently more than 2.1 million pending immigration cases in the United States, resulting in a massive backlog and delays in these cases. MPP ensures that migrants awaiting their day in court remain in Mexico until their court date.   

Click here for bill text.