Blackburn Leads Legislation To Reinstate “Remain In Mexico” As Title 42 End Nears

May 10, 2023

WASHINGTON, D.C. – U.S. Senator Marsha Blackburn (R-Tenn.) introduced the Make the Migrant Protection Protocols Mandatory Act to reinstate the Migrant Protection Protocols, also known as the Remain in Mexico program. As Title 42 is set to expire this Thursday, this legislation will require illegal immigrants seeking asylum at the southern border or without proper documentation to return to Mexico to await their immigration proceedings. 

Senator Blackburn was joined by U.S. Senators Cynthia Lummis (R-Wyo.), Mike Braun (R-Ind.), and Steve Daines (R-Mont.). Representative Roger Williams (R-Texas) led companion legislation in the U.S. House of Representatives. 

“In his first week of office, President Biden began rolling back the successful Remain in Mexico program, inviting millions of illegal immigrants to flood our southern border,” said Senator Blackburn. “As the Biden administration allows Title 42 to lapse, there must be an effective plan to avoid exacerbating their border crisis. Reinstating the practice of returning migrants to Mexico and putting an end to the zero-accountability practice of catch and release is essential for our nation’s sovereignty and security.”

“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.”

“Since President Biden’s first day in office, America’s southern border has turned into an absolute catastrophe with human trafficking numbers reaching places our country has never seen. Biden is directly responsible for this crisis, so I’m cosponsoring this bill that will end this administration’s catch-and-release policies and restore President Trump’s “Remain in Mexico” policy. With Title 42 ending, our country needs policies like this now more than ever,” said Senator Braun.

“Montana is a northern border state with a southern border crisis and our Montana communities continue to feel the effect of Joe Biden’s wide-open southern border,” said Senator Daines. “We must put an end to dangerous loopholes that put Montana families at risk.”


  • 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 southern border since President Biden took office. 

 Click here for bill text.