DHS MPP Case Request PRA Emergency Memo_Final_3.21.22

U.S. Department of Homeland Security
Washington, DC 20528

MEMORANDUM FOR:

Dominic Mancini
Acting Administrator
Office of Information and Regulatory Affairs
Office of Management and Budget

From:

Eric Hysen
Chief Information Officer
Department of Homeland Security

ERIC N
HYSEN

Digitally signed by ERIC
N HYSEN
Date: 2022.04.27
12:15:00 -04'00'

Subject: Emergency Approval Request for DHS HQ Migrant Protection
Protocols Case Request website
This memorandum requests an emergency approval for the collection of information under the
Paperwork Reduction Act (PRA) for the Department of Homeland Security (DHS) Migrant
Protection Protocols (MPP) Case Request website, which will provide an avenue for individuals
to initiate a request for disenrollment from MPP should they believe they should not be included
in the MPP program. Decisions whether to enroll or disenroll an individual from MPP are at
DHS’s discretion, and this process does not create any obligation or private right of action
enforceable in administrative or judicial proceedings.
The Department of Homeland Security (DHS) Headquarters (HQ) Migrant Protection Protocols
(MPP) program is a U.S. Government program, initiated in January 2019 pursuant to Section
235(b)(2)(C) of the Immigration and Nationality Act (INA). Under MPP, the United States
returns to Mexico certain citizens and nationals of countries in the Western Hemisphere other
than Mexico while their U.S. removal proceedings are pending.
On June 1, 2021, the Secretary of Homeland Security determined that MPP should be terminated
and issued a memorandum to that effect. On August 13, 2021, however, the U.S. District Court
for the Northern District of Texas determined in Texas v. Biden that the June 1, 2021 memo was
not issued in compliance with the Administrative Procedure Act and INA and ordered DHS to
“enforce and implement MPP in good faith.” See Texas v. Biden, No. 2:21-cv-067, 2021 WL
3603341 (N.D. Tex. Aug. 13, 2021).
On October 29, 2021, after an extensive and comprehensive review, the Secretary of Homeland
Security issued a new memorandum terminating MPP, which DHS will implement as soon as
practicable after issuance of a final judicial decision to vacate the Texas injunction. Until that
time, the Department continues to comply with the Texas injunction requiring good-faith
implementation and enforcement of MPP.
To carry out the court order requiring good-faith implementation and enforcement of MPP, the
Department is proposing a new data collection. To achieve efficiencies and ensure consistency

with MPP guidance, DHS seeks to create a public-facing MPP Case Request website. The
purpose of the public facing MPP Case Request website is to provide an avenue for individuals
to initiate a request for disenrollment from MPP should they believe they should not be included
in the MPP program. The website will also provide additional information to the users as well.
Once an individual has provided information, the government will have the ability to determine
whether an individual is incorrectly placed in MPP processing. The information to be collected
for self-disclosure is located in Attachment A.
Because DHS is currently required to comply with the Texas v. Biden court order, it is vital that
DHS implement the information collection as soon as possible. In accordance with the
Paperwork Reduction Act (PRA) and the Office of Management and Budget’s (OMB)
implementing regulations at 5 C.F.R. § 1320.13: (1) this information is necessary to the mission
of the agency, (2) this information is necessary prior to the time periods established under PRA,
(3) public harm is reasonably likely to result if normal clearance procedures are followed, and (4)
an unanticipated event has occurred.
1. Information is Essential to the Mission of the Agency
Due to the court-ordered reimplementation of MPP, DHS requests emergency approval to create
this new information collection to allow for enrollees to initiate a request for disenrollment from
MPP should they believe they should not be included in the MPP program.
All information entered by applicants into the MPP Case Request System will be used by DHS
employees and staff to determine whether, consistent with DHS MPP guidance, an individual
should be disenrolled from MPP. Decisions whether to enroll or disenroll individuals from MPP
are at DHS’s discretion, and the case request process does not create any obligation or private
right of action enforceable in administrative or judicial proceedings. Information submitted will
be used to ensure that enrollments are consistent with DHS MPP guidance.
The purpose of this effort is to provide individuals a process to initiate a request to be disenrolled
from MPP should they believe that they should not be included in the program – either because
they meet one of the vulnerability criteria that may counsel in favor of their exclusion from the
program or because they have a reasonable fear of persecution or torture in Mexico. The MPP
Case Request application will centralize case review requests from individuals enrolled in MPP
who believe that they were enrolled in error either because they meet one of the criteria in the
DHS Guidance that should counsel in favor of their exemption from processing under MPP or
because of potential non-refoulement considerations – or because of changed circumstances that
render them no longer suitable for MPP. Without the information provided through this effort,
DHS will be unable to assess these requests in a timely manner and ensure that enrollments are
consistent with DHS MPP guidance.
2. Paperwork Reduction Act Timeframes
Because DHS is subject to a court order requiring reimplementation of MPP, it would be

impracticable to delay implementing this information collection until after DHS has completed
the PRA process.
3. Public Harm is Reasonably Likely to Result if Normal Clearance Procedures are
Followed
Public harm is reasonably likely to result if this information is not collected. The lack of a
public-facing platform to initiate requests for disenrollment from MPP could adversely impact
DHS’s ability to ensure that enrollments in MPP are consistent with DHS guidance and to
timely respond to individual requests for disenrollment from MPP. While DHS has put in place
as an interim measure an email inbox to receive requests for disenrollment, the functionality of
this tool is significantly more limited than the portal, hindering DHS’s ability to consistently
respond to and track the outcome of requests.
4. An Unanticipated Event Has Occurred
The Texas v. Biden court order requires DHS to “enforce and implement MPP in good faith.”
DHS is requesting emergency approval of this information to ensure the Department can, as part
of its court-ordered reimplementation of MPP, consistently address requests for disenrollment
from MPP. Delay in the approval of these information collections may delay DHS’s ability to
timely review and respond to requests for disenrollment and ensure that enrollments are
consistent with DHS MPP guidance. While DHS has put in place as an interim measure an
email inbox to receive such requests, the functionality of this tool is significantly more limited
than the portal, hindering DHS’s ability to consistently respond to and track the outcome of
requests.
5.

Conclusion

This request for an emergency approval for the collection of new information to assist DHS in
reviewing MPP enrollments follows the court-ordered reimplementation of MPP. Following the
normal clearance procedures for OMB approval would delay DHS’s ability to timely review
and respond to requests for disenrollment and ensure that enrollments are consistent with DHS
guidance.
As discussed, DHS certifies that this request meets the requirements of 5 C.F.R. § 1320.13(a)
and it is vital that this new collection of information be implemented immediately because: (1)
this information is essential to the mission of the Agency, (2) this information is necessary prior
to the timeframes established under the PRA, (3) public harm will result if normal clearance
procedures are followed, and (4) unanticipated events have occurred.
Thank you for your consideration.
Upon approval and after implementation of the information collection process, DHS will
address public comments as necessary under the normal PRA approval process.

Approve

Disapprove
Submission Information:
Attorney or Representative E-mail

Date

Attachment A

Date

Attorney or Representative Name
Attorney or Representative Phone Number
Attorney or Representative Country Code
A #Number
Best Phone Number
E-mail Address
First, Middle, and Last Name
Date of Birth
Country of Birth
County of Citizen Citizenship
Where are you (MPP enrolled person) located now? (Country, City, State)
Preferred Language
Reason for MPP review

Is there someone else we contact about your concern?
Alternate Contact Name
Alternate Contact Phone Number
Alternate Contact Email
Relationship to Alternate Contact