By Mica Rosenberg

(Reuters] – The administration of President Joe Biden is attempting to restart a program started under Donald Trump. This program forced immigrants to Mexico to await U.S. court proceedings after a federal judge deemed it unjustified.

Officials said that the administration is planning to attempt to repeal the Migrant Protection Protocols, also known as the “Remain In Mexico” policy. However, it will continue to take steps to conform to the August ruling of Matthew Kacsmaryk (Texas-based U.S. district court judge), the officials stated.

A possible reinstatement or suspension of MPP, even if it were only temporary, would create confusion at the Mexican border. Recently, cross-border crossings to the United States have reached an all-time high of 20 years. Mexico has to agree before the US administration can move forward. The matter is being discussed by officials from both countries.

In a statement, Mexico’s Foreign Ministry stated that on Thursday it had expressed concerns about the MPP process to U.S. officers, especially around due process and legal certainty. It also stressed access to legal help, safety, and security of migrants.

Trump, an American Republican who is known for his hardline immigration policies created the MPP Policy in 2019. He argued that most asylum applications were fraudulent, and applicants admitted to the United States could end up illegally staying there if they miss court hearings. Biden, a Democrat ended the policy in January after he assumed office. He pledged to have a humaner approach to border matters.

Immigration advocates have said the program exposed migrants to violence and kidnappings in dangerous border cities where people camped out for months https://graphics.reuters.com/USA-IMMIGRATION/MEXICO/mopankddwva/index.html or years in shelters or on the street waiting for U.S. asylum hearings.

In March, Biden stated that he did not apologize for ending MPP. He described it as sending people to “the edge of the Rio Grande” in an unsanitary situation with little food.

Biden’s decision to terminate the program was challenged by the Republican-led Texas, Missouri and Kansas states. Kacsmaryk in August ruled that it should be reinstated. The U.S. Supreme Court https://www.reuters.com/world/us/us-supreme-court-requires-biden-revive-trump-era-remain-mexico-immigration-2021-08-24, whose 6-3 conservative majority includes three justices appointed by Trump, subsequently let Kacsmaryk’s ruling stand, rejecting a bid by Biden’s administration to block it.

While continuing to appeal the decision, Kacsmaryk has stated that his administration will follow through with its request. Officials stated that in order to resolve legal questions surrounding the earlier one, the administration will issue another memo to end the program.

In a telephone conversation with reporters, a U.S. Department of Homeland Security spokesperson said, “Re-implementation has not been something that the administration wants to do.” “But, in the interim we’re under the obligation of the court.”

Official said that the administration took steps to prepare courts and some of them were housed in tents near the border so asylum hearings can be held.

Mexico stated in a second DHS official that MPP must be restarted if it wants migrants to have legal advice and to not return any particularly vulnerable individuals.

Another senior Mexican official spoke on condition that he remain anonymous and said that although conversations were ongoing through a group established after the August Supreme Court decision, there was no final decision.

Biden left behind a policy Trump had implemented early in the COVID-19 Pandemic in March 2020. It allows most immigrants caught crossing the border to get expelled quickly for health reasons and no asylum screening. According to one DHS official, this policy will be maintained.

Mexico also raised concerns about this policy on Thursday by the foreign ministry, saying that they were concerned because it encourages repeat crossings and places migrants in danger.

In a win for Mexico on a separate front, the United States said this week it will lift https://www.reuters.com/world/americas/mexican-president-says-precise-november-us-border-date-be-decided-2021-10-13 restrictions at its legal ports of entry for fully vaccinated foreign nationals in early November, ending curbs on non-essential travelers during the pandemic.