“To deter potential migrants once the order is lifted, the administration will rely on a new rule that will bar most people from applying for asylum if they cross the border illegally or fail to first apply for safe harbor in another country. Administration officials said the rule — a version of a Trump-era policy often called the “transit ban” — would be published Wednesday for public inspection. Migrants who get an appointment through the One app set up by Customs and Border Protection will be exempt, officials told reporters in a call Tuesday evening.
The administration will also expand expedited removal processes under Title 8, the decades-old section of the U.S. code that deals with immigration law. This allows the government to remove from the country anyone unable to establish a legal basis — such as an approved asylum claim. It would bar these migrants from the country for five years.
“The border is not open, it has not been open, and it will not be open subsequent to May 11,” Homeland Security Secretary Alejandro Mayorkas said during a press conference Friday.”
“Now that Title 42 has ended, migrants apprehended at the border are subject to what’s called “Title 8” processing, which, as the Biden administration has emphasized, carries more severe long-term consequences for those found ineligible for legal protections, including asylum.
Under Title 42, migrants who were turned away were not penalized for crossing the border without authorization, and in many cases attempted to reenter multiple times. But under Title 8, migrants found ineligible for legal protections are barred from reentering the country for at least five years and can be quickly deported through a process called “expedited removal” without ever appearing before an immigration judge. And if they do try to reenter, they can face criminal prosecution.
Biden administration officials are hoping that the new system serves as deterrence to migrants thinking about crossing without authorization and instead encourages them to pursue new legal pathways to the US.”
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“Biden has expanded lawful pathways for migrants to come to the US with the aim of reducing pressure on the southern border. The Biden administration has already created a program under which the US-based family members of migrants from Venezuela, Haiti, Cuba, and Nicaragua — who have arrived in increasingly large numbers at the southern border in the last year — can apply to bring them to the US legally.
The administration has outlined a plan that involves opening new processing centers in Central and South America where migrants can apply to come to the US, Spain, or Canada legally. It’s unclear, however, when those processing centers will open. It has also pledged to accept 100,000 people from El Salvador, Guatemala, and Honduras under another family reunification program.
Some of those programs have proved successful. But they’re still not enough on their own to meet the current need for legal migration channels, after years in which Trump administration policies created pent-up demand, said Doug Rivlin, a spokesperson for the immigrant advocacy group America’s Voice.
“That’s not enough. And it can’t replace the need to have a functioning asylum system at the border,” he said.
To that end, the administration is also planning to speed up processing on the border, quickly identifying individuals who have valid asylum claims and turning away those who don’t.”
“In anticipation of a surge of migrants, President Joe Biden is temporarily deploying another 1,500 active-duty troops to the US-Mexico border days before ending a controversial Trump-era border policy that has allowed his administration to rapidly expel migrants en masse.
Set to expire May 11, the so-called Title 42 policy was first implemented by former President Donald Trump on dubious grounds that migrants could be turned away to help prevent the spread of Covid-19. But the policy has continued for more than two years under Biden, has led to lawsuits and the resignation of a senior administration official, and has become a political flashpoint on the left.
Now, as Title 42 ends, the new troops will be stationed for 90 days alongside the 2,500 military personnel already at the border. Some Democrats have condemned Biden’s decision to maintain the policy for so long and to further militarize the border. But others — particularly those in purple states who could face tough reelection fights — have backed the president’s strategy, which is designed to protect him from right-wing attacks as he runs for reelection.”
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“The administration has outlined a plan that involves opening new processing centers in Central and South America where migrants can apply to come to the US, Spain, or Canada legally, which is aimed at reducing pressure on the southern border. It will also accept 100,000 people from El Salvador, Guatemala, and Honduras under a family reunification program.
The administration is also planning to speed up processing on the border, quickly identifying individuals who have valid asylum claims and turning away those who don’t. Those who cross the border without authorization will be barred from legally reentering the US for five years. And a new rule will also restrict access to asylum in the US for individuals who cross through another country without first applying for protections there.”
“As the White House gears up for the end of one Trump-era border policy this spring, it has its sights set on resurrecting a version of another much-maligned immigration program put in place under the previous administration.
The Departments of Homeland Security and Justice on Tuesday announced a proposed rule that will bar some migrants from applying for asylum in the U.S. if they cross the border illegally or fail to first apply for safe harbor in another country. The rule was previewed by President Joe Biden in January. Following a 30-day public comment period, it will be implemented upon the May 11 end of the Covid public health emergency, according to a senior administration official who briefed reporters.
May 11 is also the end date of the Title 42 public health order currently being used to bar entry to most migrants at the southern border. The rule announced on Tuesday would stay in place for two years following its effective date.”
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“Administration officials also used Tuesday’s announcement to criticize Congress, arguing that the White House has been left to roll out new policies to fill the “void” left by inaction on the Hill.
“To be clear, this was not our first preference or even our second. From day one, President Biden has urged Congress to pass comprehensive immigration reform and border security measures to ensure orderly, safe and humane processing of migrants at our border,” a senior administration official said.”
“Gorsuch didn’t say that there aren’t problems at the border or that the transition from Title 42 wouldn’t prove challenging. “But the current border crisis is not a COVID crisis,” he wrote. “And courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency. We are a court of law, not policymakers of last resort.”
Policy makers would be wise to scrap the pandemic-era Title 42 order. It’s accomplished the opposite of what proponents promised, leading to more frequent and less predictable migrant inflows. Since a Title 42 expulsion carries no reentry penalty, repeat crossings roughly quadrupled in 2021 compared to their 2019 rate. Smugglers have taken advantage of repeat crossings by charging migrants more for the inflated number of northward journeys. With asylum largely inaccessible at ports of entry, migrants desperate to enter the country have attempted to cross the border in less surveilled, more dangerous terrain. These things have all contributed to chaotic scenes at the border, providing fodder for immigration restrictionists.”
“Title 42, an immigration policy put into place during the pandemic, was scheduled to be lifted Wednesday, but Chief Justice John Roberts temporarily blocked the border rule at the urging of 19 Republican-led states, which appealed the plan to open up the nation’s borders again.
The stay by Roberts is temporary, and states are bracing for what’s next if — and when — Title 42 is eventually lifted. There’s added anxiety too over whether Republican governors will transport thousands of migrants to Democratic-led strongholds by bus or plane, as Texas Gov. Greg Abbott and Florida Gov. Ron DeSantis did this year.
Over the last month, thousands of migrants have crossed into the U.S. at the Texas border ahead of the expiration of Title 42, a Trump administration pandemic policy that allows the U.S. to expel migrants in order to stem the spread of the Covid-19 virus. Last weekend, the mayor of El Paso declared a state of emergency to help manage the rush of people while Abbott deployed hundreds of Texas national guard and state troopers along the border to block migrants from entering the U.S.”
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“The migrant issue hasn’t gone unnoticed in Congress. Special funding in the federal spending bill released this week could take the pressure off of cities like New York, Chicago and Washington, as they try to handle the rise in immigrants and the challenges to provide shelter, food and other basic needs. Cities could apply for a piece of the $800 million that Congress has carved out to handle the flow of migrants if the spending is approved.
Adams, who earlier this week asked for $1 billion to help New York handle “the brunt of this crisis,” said he was “encouraged” by the federal funding, but said that should just be the start.
“With over 800 people arriving in the past four days alone, it’s clear that we still need a comprehensive strategy at our border and additional resources. We cannot be put in a position where we have to choose between services for New Yorkers and supporting arriving asylum seekers,” he said in a statement. Adams has also called for asylum seekers to be authorized to work before six months.”
“Customs and Border Protection (CBP) invoked Title 42 in nearly 1.8 million migrant encounters between April 2020 and March 2022, amounting to 61 percent of total encounters. Title 42 allowed immediate expulsion and barred affected migrants from applying for asylum.
Although immigration opponents pointed to those numbers as proof of the policy’s necessity, the figures were inflated. Because Title 42 is a health measure, immigration officials could not impose reentry penalties on expelled migrants. With no disincentive for reentry, the share of encounters that involved repeat crossers jumped to 27 percent in 2021, nearly four times higher than in 2019.
Excluding repeat crossings, the number of border apprehensions resembled pre-pandemic levels. Border hard-liners ignored that point, pointing to headlines announcing record CBP apprehensions. Meanwhile, most would-be migrants were unable to request asylum at a port of entry, opting instead to congregate at the border. That was the natural result of shutting down more orderly immigration channels.”
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” The Title 42 order has led to more frequent and less predictable migrant inflows. With proper planning, its phaseout could result in more efficient processing at the border. Restoring the asylum-seeking process, coupled with expanding opportunities for temporary work visas and economic migration, could help prevent both harm to migrants and chaotic scenes at the border.”
“Under the Public Health Services Act of 1944, codified in Title 42 of the U.S. Code, federal health officials may issue orders intended to curb the cross-border spread of diseases. Rarely invoked before the pandemic, Trump administration officials looked to Title 42 in late March 2020 as a way to stop migrants from crossing U.S. land borders. Would-be migrants could no longer cross into the United States from Canada and Mexico after the CDC’s Title 42 order, ostensibly because they posed contagion risks. The order has been used almost exclusively to expel migrants at the southern border, and CBP officials have carried out 1.7 million expulsions under its authority.
Its implementation has proven to be largely counterproductive and harmful to migrants. Those expelled under Title 42 faced nearly 10,000 incidents of kidnapping, torture, rape, and other violence after being sent to dangerous border towns in Mexico, according to Human Rights First. What’s more, because Title 42 does not penalize repeat crossings, the recidivism rate rose and the total number of CBP apprehensions spiked. This led to inflated reports of chaos and unprecedented migration at the U.S.-Mexico boundary, which only helped fuel the false argument that President Joe Biden is overseeing an open southern border.
Immigration advocates have long criticized the public health order for the barriers it poses to asylum seekers. Under U.S. immigration law, migrants are legally permitted to seek asylum—a process they must begin either on American soil or at a port of entry. An immediate expulsion under Title 42 means that migrants can’t present their cases for asylum, risking a return to the dangerous conditions many of them have fled.
From the very beginning, public health officials have questioned the efficacy of Title 42 in curbing the spread of COVID-19, noting that the virus was already spreading in American communities and that migrants posed a comparatively minor risk. The CDC’s director of Global Migration and Quarantine, Martin Cetron, refused to support the Trump administration’s initial order. Lawyers at the Department of Health and Human Services and CBP pressured the CDC to issue the order, but the agency refused until former Vice President Mike Pence ordered the borders closed. Since that initial scuffle, more than three-quarters of Americans have received at least one COVID-19 vaccine dose, making the health order’s stated justification even more tenuous.”
“U.S. Customs and Border Protection has been using the policy implemented at the onset of the pandemic to immediately expel migrants apprehended at the border, while progressives, pro-immigration activists and institutions such as the United Nations and Doctors Without Borders have rebuked the policy for shutting the door on thousands of desperate families and stranding them in unsafe camps with limited options.
Almost everyone in this debate recognizes that the necessity of Title 42 to prevent Covid transmission is a pretense. Public health experts have long contended that the rule is scientifically baseless. In fact, officials in the previous administration explored enacting the policy before the pandemic by using the flu and measles as justification. But the benefits of repealing or leaving in place Title 42 are not as straightforward as either border security or human rights advocates claim, which both sides would be wise to understand as they argue the political merits of the administration’s next moves. If approached smartly, rescinding Title 42 could lead to a more secure and prosperous America rather than the chaos that some warn of.
Proponents of keeping Title 42 in place assert that the quick expulsions are needed because they give officials greater ability to intercept and turn back more migrants. A recent report from the Migration Policy Institute notes that Title 42 expulsions can take as little as 15 minutes, while removals under standard immigration law, which require more procedures and paperwork, can often take an hour and half.
But the procedural steps that Title 42 bypasses are critical for the U.S.’s ability to target smuggling networks and discourage repeat crossings. This is why Border Patrol agents warned in a 2021 report from the Government Accountability Office that Title 42 “negatively affected enforcement” because the expulsions gave them no time to collect intelligence from migrants concerning nearby smugglers and other illegal activity.
The quick expulsions under Title 42 also cut corners in ways that prevent authorities from deterring migrants as they attempt to reenter the country. Before the pandemic, officials were able to use criminal prosecution, fines and other penalties to deter people from repeatedly crossing the border. This is because apprehended migrants were being processed under standard immigration law. Title 42, however, is a provision that exists under health law, which means that authorities are incapable of issuing penalties for reentry against migrants who are expelled under this provision. Border Patrol officials have stated that because of Title 42, migrants now try to cross multiple times a day. Since the pandemic expulsions began, repeat crossings jumped from 7 percent in 2019 to 26 percent in 2020. It’s not unheard of for people to make as many as 30 attempts at crossing in just the span of a few weeks.”
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“But even when considering all the security liabilities that Title 42 is responsible for, proponents of the policy are correct in saying that Biden needs a plan in place as he works to rescind the program. This plan must include interagency coordination that rapidly expands capacity as more families arrive to claim asylum. The administration must also work with humanitarian organizations to ensure that they’re in the best position possible to monitor and shelter migrants — and that their capacity is being fully utilized.
At the same time, advocates for ending Title 42 as well as the Biden administration must acknowledge that the overwhelming majority of people who are being expelled under the policy haven’t been families seeking asylum, but rather single adults fleeing extreme economic deprivation and in search of work. In February alone, more than 90 percent of Title 42 expulsions were single adults — the vast majority from Mexico. Mexican President Andrés Manuel López Obrador has acknowledged this reality and urged Biden several times last year to work with him to expand guest worker programs for the U.S., Mexico and the Northern Triangle. Though the Biden Administration recently suggested a willingness to do so, it has not yet provided any details.
It’s critical that Biden’s post-Title 42 strategy includes increased access to guest worker programs. Extensive research shows that when expanded legal channels are paired with border security measures, illegal immigration rapidly declines. This was exactly what happened in the mid-1950s when the U.S. government expanded their agricultural worker program for Mexicans, which caused illegal immigration to collapse by 95 percent in just 5 years. Border Patrol saw the success of the agricultural program and warned that restricting it would cause “a large increase in the number of illegal alien entrants into the United States.” But in 1960, the Department of Labor did just that, causing employer use of the program to drop by 30 percent in just one year while Mexican apprehensions increased by 55 percent. When the program was eliminated altogether, apprehensions continued to grow, reaching nearly 1 million in 1976.”
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“With a surge at the border and a shortage of workers, maintaining Title 42 has done nothing to solve either crisis — aside from creating more jobs for human smugglers. Though the Biden administration is right to rescind Title 42, chaos at the border will continue to drive headlines and the U.S. economy will limp forward until Biden prioritizes expanding legal channels for those in pursuit of a better life.”