On December 15, 2022, the U.S. District Court for the Northern District of Texas issued a ruling requiring the Biden administration to reinstate the use of section 235 (b)(2)(C) of the U.S. Immigration and Nationality Act. U.S. authorities then notified the Ministry of Foreign Affairs of their intention to restart the program under which non-Mexicans are returned to Mexico while they wait for their asylum request to be processed in the United States.

Regarding the possible implementation of this policy for the third time, the Ministry of Foreign Affairs, on behalf of the Government of Mexico, expresses its rejection of the U.S. government’s intention to return individuals processed under the program to Mexico.

During the administration of former President Donald Trump, approximately 74,000 people entered Mexico under Section 235(b)(2)(C) of the Immigration and Nationality Act. This is equivalent to 5.14% of the total encounters recorded on the border between Mexico and the United States during that period.

After the Biden administration ended the policy, the U.S. District Court for the Northern District of Texas ordered its reimplementation on August 13, 2021, and the U.S. Government informed the Ministry of Foreign Affairs of its intention to return certain migrants to national territory. The Government of Mexico expressed the need for protection and health policies, particularly for vulnerable groups, and for close collaboration with international organizations to ensure the appropriate assistance for migrants and refugees. 

During the current administration of President Joseph Biden, approximately 7,500 people entered Mexico under Section 235(b)(2)(C). This is equivalent to 0.33% of the total encounters recorded on the border between Mexico and the U.S. between December 2021 and October 2022.

Individuals processed under Section 235(b)(2)(C) of the Immigration and Nationality Act received support from authorities of both countries, and from the International Organization for Migration. In addition, they benefited from the new criteria put in place to ensure a fair hearing; access to legal representation; a decent stay and safe transportation in Mexico and the U.S.; health services and Covid-19 vaccinations, among others.

The Ministry of Foreign Affairs reiterates its commitment to protecting migrants and refugees and its spirit of cooperation under the Global Compacts on Migration and on Refugees, and the Los Angeles Declaration on Migration and Protection. In this respect, it reaffirms its support for the new pathways for orderly, safe, regular and humane access to the U.S. labor market for people from Cuba, Haiti, Nicaragua, Ukraine and Venezuela.