[Federal Register Volume 90, Number 79 (Friday, April 25, 2025)]
[Notices]
[Pages 17441-17442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06816]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No.: DHS-2025-2017]
Notice of Availability of a Draft Programmatic Environmental
Assessment for Actions Related to the Migrant Protection Protocols
Program
AGENCY: Department of Homeland Security.
ACTION: Notice of availability; request for comments.
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SUMMARY: The Department of Homeland Security (DHS) announces the
availability of the Draft Programmatic Environmental Assessment (PEA)
and Draft Finding of No Significant Impact (FONSI) for the proposed
resumption of the Migrant Protection Protocols (MPP) Program along the
southern border of the United States (U.S.) as directed by the
Executive Order entitled, Securing Our Borders (the Proposed Action).
The Draft PEA programmatically evaluates reasonably foreseeable
environmental impacts that may occur because of the Proposed Action and
identifies standard best management practices (BMPs) by which DHS can
reduce such impacts.
DATES: Comments are encouraged and will be accepted until May 27, 2025.
ADDRESSES: The Draft PEA and Draft FONSI are available on DHS's website
at: https://www.dhs.gov/sep/ephp/nepa. Comments may be submitted by
either of the following methods:
Regulations.gov web portal: Navigate to https://www.regulations.gov and search for Docket No. DHS-2025-0017 to submit
public comments. Follow the online instructions for submitting
comments. All public comments received are subject to the Freedom of
Information Act and will be posted in their entirety at this site and
available for public viewing. Do not include any information you would
not like to be made publicly available.
By email: Jennifer Hass, Acting Executive Director, Energy
and Environment Division, at [email protected], Subject Header: `Docket
No. DHS 2025-2017 MPP PEA'.
All comments received may be made publicly available without
change, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Jennifer Hass, Acting Executive
Director, Energy and Environment Division, Department of Homeland
Security at (202) 834-4346 or [email protected].
SUPPLEMENTARY INFORMATION:
Background: Under the MPP program (also known as the ``Remain in
Mexico'' program) certain foreign individuals entering or seeking
admission into the United States from Mexico, who enter illegally or
without proper documentation, may be returned to Mexico to wait outside
the U.S. for the duration of their removal proceedings. DHS, as the
federal Department responsible for managing border control and
immigration, has the authority to administer programs that further
these missions and protect national security.
The MPP program was first established on December 20, 2018, under
authority granted to DHS pursuant to Section 235(b)(2)(C) of the
Immigration and Nationality Act (INA) and was subsequently terminated
in 2022. On January 20, 2025, President Trump issued E.O. 14165,
Securing Our Borders, which directed the DHS Secretary, along with the
Secretary of State and Attorney General, to resume the MPP program ``in
all sectors along the southern border of the United States.''
Under the initial MPP program, aliens encountered at the southern
border of the U.S. and determined to be eligible for the MPP program
were processed at the border POE, issued a Notice to Appear, placed
into removal proceedings, and transferred back to Mexico. Aliens were
allowed to return to the U.S. at a designated POE in order to attend
their immigration court hearings. Under this program, the U.S. and the
Government of Mexico developed a joint agreement, where the Government
of Mexico agreed to provide appropriate humanitarian protections to
those aliens returned to Mexico under the MPP program.
Proposed Action: DHS proposes to resume the MPP program, in
accordance with E.O. 14165, as DHS enforces immigration laws and
responds to changing security and humanitarian conditions along the
southern border. The Proposed Action is needed to provide DHS the
ability to return certain aliens to Mexico pending the completion of
removal proceedings pursuant to Section 240 of the INA (8 U.S.C.
1229a). The PEA evaluates the full lifecycle of the MPP program
including its resumption and future cessation, whether temporary or
permanent.
The increasing influx of aliens into the U.S. has overwhelmed the
U.S. immigration system, making it easier for illegal aliens to enter
and remain in the U.S. This influx has also resulted in other
consequences, including an increase in human smugglers, traffickers,
and illegal drugs and other contraband that have been able to cross the
border and remain in the U.S., endangering national security. The
Proposed Action would provide a safe and orderly immigration process,
decrease illegal activities and illicit contraband, and reduce threats
to national security and public safety.
DHS prepared the subject Draft PEA to streamline the review process
and eliminate duplicative, lengthy reviews for repetitive actions that
would occur under the MPP program and that could be broadly analyzed
given their similar scopes. Additionally, the PEA would provide
programmatic-level recommendations for BMPs to avoid or minimize
impacts on the environment, to the greatest extent practicable.
However, individual project implementation actions may still require
additional review under other environmental and historic preservation
statutes, regulations, and EOs. MPP program activities that could occur
during the operational phases of the program, such as new construction
of temporary facilities to support immigration proceedings, would still
require review on a project-specific basis.
The Draft PEA evaluates the potential environmental, cultural,
socioeconomic, and physical impacts associated with DHS's Proposed
Action.
DHS would not undertake any operational activities within the
sovereign territory of Mexico under this Proposed Action. Therefore,
this action is not subject to requirements under E.O. 12114,
Environmental Effects Abroad of Major Federal Actions.
[[Page 17442]]
Alternatives: In addition to the Proposed Action Alternative, which
would implement the Proposed Action, DHS considered a No Action
Alternative. Under the No Action Alternative, DHS would analyze the
environmental effects associated with not resuming the MPP program as
directed by E.O. 14165. It should be noted that DHS would still employ
other methods to enforce immigration laws, which may include applicable
emergency authorizations, in support of its national security mission.
Draft Finding of No Significant Impact: The evaluation performed
within this Draft PEA concludes that no significant adverse impact to
the environment or human quality of life is anticipated as a result of
implementing the Proposed Action, provided that routine BMPs specified
in the Draft PEA are implemented.
Request for Public Review: Federal agencies; Tribal, state, and
local governments; the public; and other interested parties are
requested to comment on the Draft PEA, which will be available for a
30-day public comment period from May 27, 2025. Comments may be
provided via electronic mail to the contact identified above, with
subject header: ``MPP PEA'' or via the Regulations.gov web portal. A
mailing address to submit hardcopy comments can be provided upon
request.
Availability of the Draft PEA: The Draft PEA and Draft FONSI are
available on DHS's website at: https://www.dhs.gov/sep/ephp/nepa.
(Authority: National Environmental Policy Act (NEPA) of 1969 (42
U.S.C. 4321 et seq.), as amended, DHS Management Directive 023-01,
rev. 01 (Implementation of NEPA), and DHS Instruction Manual 023-01-
001-01, rev. 01 (Implementation of the NEPA).)
Jennifer Hass,
Acting Executive Director, Energy and Environment Division, Office of
the Chief Readiness Support Officer, Department of Homeland Security.
[FR Doc. 2025-06816 Filed 4-24-25; 8:45 am]
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