"As we have previously stated, we are required by court order to reimplement MPP," a DHS spokesperson announced in a statement, according to Fox News, referring to Migrant Protection Protocols.
"In compliance with the court order, we are working to reimplement MPP as promptly as possible. We cannot do so until we have an independent agreement from the government of Mexico to accept those we seek to enroll in MPP. We will communicate to the court and to the public the timing of reimplementation when we are prepared to do so," the spokesperson went on.
Two sources familiar with internal discussions further highlighted concerns regarding the migrants who would be forced to travel through Mexico in the middle of the night, so they can be on time for early morning court hearings.
For now, some think a revamped version would be helpful with higher-than-normal border flows, while others want nothing to do with the program that had been plagued with humanitarian concerns.
Last month, the Department of Homeland Security stated it was set to reinstate MPP by mid-November, answering a court order that the Supreme Court upheld, even as the DHS works to destroy the program in a different manner.
Proponents of the policy maintained it was an effective program that kept illegal immigrants out of the nation and decreased the "pull factors" that draw other migrants. Critics denounced it as a harsh policy that put migrants at risk of violence and led them to subsist in squalid conditions.
A federal judge had ordered the Biden administration to "enforce and implement" the policy in response to a lawsuit from Texas and Missouri, which claimed that the Biden administration's effort to terminate it was illegal and dangerous.
The ruling came after Homeland Security Secretary Alejandro Mayorkas had put the program on hold in June, claiming at the time that the policy failed to "adequately or sustainably enhance border management in such a way as to justify the program's extensive operational burdens and other shortfalls."