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By Billal Rahman
Immigration Reporter
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Donald Trump's Remain in Mexico policy will not be reinstated for months, Newsweek has been told, in a development seemingly at odds with the president-elect's pledge to "seal the border" on "Day 1".
The initiative, which requires asylum seekers to stay in Mexico while claims are processed, is set to be mired in negotiations, it is understood.
Trump and Republican allies have repeatedly suggested that Remain in Mexico could be restored immediately upon his return to office.
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"On day one of my new administration, I will stop all migrant flights. I will shut down all entries through the migrant phone app. I will end catch-and-release. I will restore Remain in Mexico ... we will seal the border," he told a Wisconsin campaign rally in September.
However Ted Cruz, Senator for the border state of Texas who has been in talks with Trump on the southern border crisis, has suggested to Newsweek that this would not be possible.
"We'll probably take a little bit of time to reinstate because you have to negotiate that with the government of Mexico, but I believe they will do that as well, and we will see the numbers plummet," Cruz said in an interview with Newsweek.
Newsweek contacted Trump's transition team for comment.
Cruz made border security a priority in his own successful campaign, with pre-election polls indicating bipartisan support for tighter immigration curbs. A pre-election Gallup poll showed Republicans and Democrats backing former president Donald Trump's calls for tighter immigration curbs, with 55% of respondents wanting immigration levels decreased, while 25% favored levels remaining the same.
Republicans have rallied around the president-elect's call to secure the border and Cruz remains bullish on Trump's flagship immigration policies.
"On January 20, Trump and his team will be able to hit the ground running. I am confident we will see a whole series of orders going out that will say, Catch and release is over. We're building the wall," he said.
Customs and Border Protection sources have also told Newsweek that they expect Trump to enact a series of executive orders on immigration within 24 hours of assuming office.
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Reinstating the policy would depend on Mexico's willingness to cooperate and if officials refuse or imposes conditions, immediate implementation would be hamstrung.
However, Ronald Vitiello, who served as acting director of ICE from June 2018 to April 2019, believes that Remain In Mexico could "certainly" be reinstated on Day 1 under Trump.
"Mexico was instrumental in controlling their own southern border and assisting in implementation of the Margret protection protocols in Trump's first term.
"He has also indicated that he is willing to use the threat of tariffs and a change in the trade relationship with Mexico and others to better secure and sustain a secure border as well as other shared responsibilities between the two countries," he told Newsweek.
Remain in Mexico
The "Remain in Mexico" policy, formally known as the Migrant Protection Protocols (MPP), was a Trump-era policy enacted in 2019, requiring asylum seekers to stay in Mexico while their cases were processed.
Trump's policy marked a significant shift from prior practices allowing migrants to remain in the U.S. during this time.
After taking office, President Biden paused the policy in early 2021 and officially terminated it in June that year.
However, legal battles followed, with federal courts ordering the Biden administration to reinstate MPP later that year.
In December 2022, the Biden administration finally secured the policy's termination, though some migrants continue to face obstacles at the border due to other immigration enforcement measures.
The Remain in Mexico policy was criticized for allegedly exposing migrants, many of whom are vulnerable to exploitation and abuse from cartels, to unsafe conditions before it was terminated by the Biden administration.
"We will also see just how the administration behaves fundamentally changing because we will start sending illegal immigrants when they're apprehended back to their country of origin," Cruz said.
Trump has threatened tariffs on goods from Mexico unless the flow of migrants is stemmed, but Mexico President Claudia Sheinbaum has warned that her country "must be respected, especially by its trading partners".
Mass Deportations
Cruz argued that Trump's mass deportation policy is essential to combat cartel-driven crimes and to stop human trafficking.
"I can guarantee that it will significantly reduce it. We're not going to eliminate criminals in the world.
"We will also see the revenue that the cartels are earning go down significantly," he said.
Cruz issued a withering critique of the Biden-Harris administration's policies and claimed it has directly led to the cartels profiting.
"They've transformed these cartels, who are vicious murderers, into massive, multibillion-dollar global corporations. That's got to change," he alleged.
Vitiello has also criticized the current approach, particularly by those in blue states vowing to oppose Trump's mass deportation policy.
"It is risky and destructive for jurisdictions to pretend to protect the public by allowing illegal aliens who have other laws inside of the United States in those jurisdictions to sanctuary," Vitiello said.
Notorious Venezuelan crime syndicate Tren De Aragua (TdA) has risen to the national spotlight after footage shows armed gang members storming an apartment complex in Aurora, Colorado.
Two men with alleged ties to TdA were arrested in connection with the murder of 12-year-old Jocelyn Nungaray in Houston last summer.
"My legislation, Justice for Jocelyn, mandates that when illegal immigrants are detained, they are apprehended and that they be kept in detention and not released. Had that been the law, Jocelyn would still be alive," Cruz said.
Cruz claims that if his proposed legislation, "Justice for Jocelyn," which mandates that illegal immigrants be detained and not released, had been in place, Jocelyn's death might have been prevented.
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However, Amy Fisher, Director of Refugee and Migrant Rights at Amnesty International USA, told Newsweek: "People will continue to be forced to make impossible choices and dangerous routes in their quest for safety. Instead of shaming people who are trying to save their lives, the United States must change course and invest in policies that work to curb the chaos and uplift communities."
Immigrants, regardless of their legal status, have constitutional protections while in the U.S., such as due process. Deporting millions of individuals without proper hearings would likely face legal challenges.
There is currently a significant backlog in the U.S. immigration court system, with approximately 3.7 million people waiting for hearings. This backlog contributes to delays in deportation processes, as individuals are often left in legal limbo for years before their cases are adjudicated
Adding millions more risks overwhelming the system and it is not clear that the U.S. has sufficient holding cells to accommodate all those who could potentially be detained during deportation proceedings. ICE detention facilities have the capacity to hold approximately 38,000 to 40,000 detainees at a time.
Border crossings, particularly on the southern border, have risen sharply since Biden took office in 2021.
The highest number in recent years was recorded in 2023, following the lifting of the pandemic-era Title 42 policy and prior to the implementation of stricter border controls by President Biden in the spring of 2024.
That year, U.S. Customs and Border Protection reported 3.2 million encounters, significantly surpassing the previous high of 1.4 million in 2019 during the Trump administration. In October 2024, there has been 143,050 crossings so far, according to CBP data.
Audie Klotz is a professor of political science at Syracuse University's Maxwell School of Citizenship and Public Affairs, told Newsweek: "At most, they may be able to set things in motion, or like January 2017, use Executive Order to change immediately the rules for people flying back into the country. Detention and deportation are long-term ideas that would require immense resources. One recent estimate, in the range of one trillion over ten years."
National Security
Cruz issued a stark warning about the rising threat of terrorism in the United States as a consequence of problems with border security
"America is at the greatest risk of a terrorist attack than we've been at any time since 911," Cruz said.
"If you want to commit a terrorist act, the natural way to do so, if you're a terrorist abroad, is to come across our southern border, because it's essentially a red carpet to anyone looking to commit that kind of crime," he added
"There's a public safety threat from crime and gang violence, and there's also a national security threat from terrorists coming into the southern border. I expect both of those to be immediately addressed in the Trump administration."
Newsweek has contacted the White House and Mexico's government for comment.
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