Senate Homeland Security Committee debates ‘Remain in Mexico’ policy, then approves resolution affirming presidential authority

The Senate Committee on Homeland Security and Governmental Affairs held a hearing and markup on Jan. 23, 2025, focused on whether existing federal law gives the president and the secretary of Homeland Security authority to reenact the Migrant Protection Protocols, commonly known as Remain in Mexico, and other border measures.

The debate opened with Chairman Rand Paul saying the hearing would examine whether the president has sufficient statutory authority to act at the border and arguing the administration’s policies had allowed a “revolving door” of unauthorized entry. Former acting DHS official Ken Cuccinelli, one of three witnesses, testified the president “does have vast authority to secure America's border” and argued that MPP and a suite of existing INA authorities could be used to deter illegal entry. In contrast, Adam Isaacson of the Washington Office on Latin America and Andrew Arthur of the Center for Immigration Studies said MPP had harmful side effects: Isaacson said, “Remain in Mexico enriched the cartels,” and detailed reported extortion, kidnapping and abuse of migrants waiting in border towns. Arthur described MPP as a tool that had reduced certain encounters in 2019 and urged more capacity for expedited hearings.

Why it matters: committee members said they want tools to reduce unauthorized crossings, improve processing speed, and protect…