H.R. 273: REMAIN in Mexico Act of 2025
Sponsor
Brandon Gill
Republican · TX-26
Congress wants “Remain in Mexico” written into law
Why it matters
Roughly 70,000 asylum seekers were sent back to Mexico to wait out their U.S. court cases the first time “Remain in Mexico” ran, from 2019 until it ended in 2022. H.R. 273 would turn that policy from something each administration can start or stop by memo into a standing order in federal law — one a future DHS Secretary could not end without Congress.
H.R. 273, the REMAIN in Mexico Act, is two sentences long. It tells the Secretary of Homeland Security to carry out the Migrant Protection Protocols — the program better known as “Remain in Mexico” — and to run it by the rulebook former Secretary Kirstjen Nielsen issued on January 25, 2019.
Under that program, certain people who arrive at the southern border and seek asylum are returned to Mexico while their cases move through U.S. immigration court. They cross back for hearings, then return to Mexico to wait for the next one.
The policy has already been switched on and off twice. It launched in 2019, the Biden administration ended it, and the Supreme Court ruled in 2022 that DHS had the authority to do so. The Trump administration moved to restart it in January 2025, days after this bill was introduced.
H.R. 273 would take the on-off switch away from the executive branch: a future administration could not end the program without Congress changing the law. The bill also says it applies regardless of any other law, which is Congress trying to prevent conflicting statutes from being used to get around it. Courts would decide how far that reaches.
The bill adds nothing else. It has no funding, no staffing levels, no new exceptions, and no deadlines of its own. Every operational detail — who is eligible, who is exempt, how hearings work — comes from the 2019 memo.
Bill Progress
Latest Action · Jan 9, 2025
Referred to the House Committee on the Judiciary.
H.R. 273 Bill Summary
What H.R. 273 actually does.
Asylum seekers wait in Mexico, not the U.S.
DHS must implement the Migrant Protection Protocols, under which certain migrants and asylum seekers who arrive at the southern border are returned to Mexico while their U.S. immigration cases are pending.
The 2019 rulebook becomes the law's rulebook
The bill ties the program to Secretary Nielsen's January 25, 2019 policy guidance. Eligibility, exemptions, and procedures come from that memo rather than from new rules written by the current department.
No future administration can end it alone
The Secretary “shall” implement the program. Once in statute, ending MPP would require Congress to amend or repeal the law, not a new DHS memo.
It applies regardless of other laws
The mandate is written to take priority over any conflicting provision of law. How far that override extends — for example, against asylum and humanitarian protections already in statute — would be settled in court.
No money attached
The bill includes no appropriation, staffing target, or grant program. The cost of running the program would come out of existing DHS and immigration court budgets.
Who benefits from H.R. 273?
Border communities in Texas, Arizona, and California
Supporters argue that keeping asylum seekers in Mexico while cases are pending eases pressure on U.S. shelters, local services, and Border Patrol processing along the southern border.
Advocates of stricter asylum rules
The bill turns a policy that has been ended once before into a mandate a future administration could not undo on its own. Sponsor Brandon Gill of Texas introduced it with 110 cosponsors, 108 Republicans and 2 Democrats.
DHS and border officers
Instead of policy shifting with each administration, officers would work under one fixed framework — the 2019 memo — that has already been used in the field.
Who is affected by H.R. 273?
People seeking asylum at the southern border
Those placed in the program would wait in Mexico, often for months, between U.S. court hearings. Critics of the original program pointed to reports of violence against people waiting in Mexican border cities and difficulty reaching U.S. lawyers from across the border.
Mexico and its border cities
The program depends on Mexico accepting people returned from the U.S. Cities such as Tijuana, Ciudad Juárez, and Matamoros absorbed large encampments and shelter demand under the first version.
Immigration courts
Judges would hear cases for people who must travel from Mexico for each hearing, which in the first program meant temporary tent courts at the border and cases dismissed when people could not appear.
Future DHS Secretaries
Any Secretary, regardless of party, would be legally required to run the program and could not end it by executive action.
HR273 Legislative Journey
House: Committee Action
Jan 9, 2025
Referred to the House Committee on the Judiciary.
About the Sponsor
Brandon Gill
Republican, Texas' 26th congressional district · 1 years in Congress
Committees: the Budget, the Judiciary, Oversight and Government Reform
View full profile →
Cosponsors (110)
This bill has 110 cosponsors: 2 Democrats, 108 Republicans. Cosponsors represent 35 states: Alaska, Alabama, Arizona, and 32 more.
Nancy Mace
Republican · SC
Andrew Ogles
Republican · TN
Randy Weber
Republican · TX
Eric Burlison
Republican · MO
Troy Nehls
Republican · TX
Michael Cloud
Republican · TX
Clay Higgins
Republican · LA
Nicole Malliotakis
Republican · NY
Claudia Tenney
Republican · NY
Tony Wied
Republican · WI
Riley Moore
Republican · WV
Lauren Boebert
Republican · CO
Cosponsor Coverage Map
Committee Sponsors
Judiciary Committee
11 of 44 committee members cosponsored
13 Republicans across this committee haven't cosponsored yet. Mobilize their constituents
H.R. 273 Quick Facts
- Committee
- Judiciary
- Chamber
- House
- Policy
- Immigration
- Introduced
- Jan 9, 2025
Referred to the House Committee on the Judiciary.
Jan 9, 2025
Official Sources
Official bill page with text, status, cosponsors, and the House Judiciary Committee referral.
The January 25, 2019 Nielsen memo the bill names as the rulebook DHS must follow.
DHS announcement restarting the program by executive action, the step the bill would make permanent in law.
DHS record of the program’s court-ordered restart and its 2022 wind-down.
The ruling that DHS had the authority to end the program, the executive discretion this bill would remove.
Customs and Border Protection enrollment data for the program at the southern border.
The Justice Department office that runs the immigration courts where enrolled migrants’ cases are heard.
Official overview of the asylum process that people placed in the program go through.
H.R. 273 Common Questions
What is the REMAIN in Mexico Act?
H.R. 273 orders DHS to run the Migrant Protection Protocols, known as “Remain in Mexico,” and to follow the January 25, 2019 memo that set the program up. It would put the policy in federal law instead of leaving it to each administration.
Would asylum seekers have to wait in Mexico?
Those placed in the program, yes. They would be returned to Mexico while their U.S. immigration cases are pending, crossing back into the U.S. for each court hearing.
Isn't Remain in Mexico already in effect?
The Trump administration moved to restart it by executive action in January 2025. H.R. 273 would go further: a future administration could not end the program without Congress changing the law.
How did Remain in Mexico end the first time?
The Biden administration terminated it. Texas and Missouri sued to keep it, and in 2022 the Supreme Court ruled in Biden v. Texas that DHS had the authority to end the program.
What rules would the program follow?
Former DHS Secretary Kirstjen Nielsen's January 25, 2019 guidance, “Policy Guidance for Implementation of the Migrant Protection Protocols.” That memo, not the bill, sets out who is eligible and who is exempt.
Does the bill pay for the program?
No. It includes no appropriation, staffing level, or grant funding. Costs would come out of existing DHS and immigration court budgets.
Does H.R. 273 have Democratic support?
Some. Of its 110 cosponsors, 108 are Republicans and two are Democrats: Jared Golden of Maine and Marie Gluesenkamp Perez of Washington. Rep. Brandon Gill of Texas is the sponsor.
Where is H.R. 273 now?
It was introduced on January 9, 2025, and referred to the House Judiciary Committee, where it has not yet had a vote.
Based on H.R. 273 bill text
H.R. 273 Bill Text
“To direct the Secretary of Homeland Security to continue to implement the Migrant Protection Protocols, and for other purposes.”
Source: U.S. Government Publishing Office
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