Title 42 Expires as Tens of Thousands of Migrants Surge Across the Southern Border

Tens of thousands of migrants are crowding the southern border and still wading across the Rio Grande after Title 42, the pandemic-era policy implemented by the Trump administration that allowed for swift deportations on public health grounds, expired at midnight.


Summary

Tens of thousands of migrants are crowding the southern border and still wading across the Rio Grande after Title 42, the pandemic-era policy implemented by the Trump administration that allowed for swift deportations on public health grounds, expired at midnight.

  • Title 42 has been used more than 2.8 million times to rapidly expel migrants from the country since President Donald Trump put the regulation into effect in March 2020. The policy was tied to the Covid-19 emergency declaration, which also expired on May 11 after being in effect for more than 3 years.
  • The Biden administration issued a new regulation limiting asylum claims to take the place of Title 42. The rule, which is similar to a Trump administration rule that President Joe Biden reversed shortly after taking office, would prevent migrants from claiming asylum in the US if they passed through another country that also offers asylum on their way to the US border.
  • Another way the Biden administration is trying to lessen flows of illegal immigration is to increase the amount of migrants accepted legally. The Biden administration will accept up to 30,000 people per month from Venezuela, Haiti, Nicaragua and Cuba, along with 100,000 people from Guatemala, El Salvador, and Honduras so long as they come by air, have a sponsor or family in the US and apply online first.
  • Secretary of Homeland Security Alejandro Mayorkas insisted on Thursday that “the border is not open.” “People who do not use available lawful pathways to enter the U.S. now face tougher consequences, including a minimum five-year ban on re-entry and potential criminal prosecution,” the said Mayorkas in a statement. “Together with our partners throughout the federal government and Western Hemisphere, we are prepared for this transition.”
  • Officials estimate around 60,000 people are waiting at the border to try and cross into the US from Mexico. This is in addition to the 25,000 migrants put in Border Control custody on Thursday alone, a number that far exceeds their capacity.
  • For perspective, Jeh Johnson, the Homeland Security Secretary during Barack Obama’s second term, said an influx of 4,000 migrants in one day in 2019 constitued a “crisis.” As Johnson said at the time, “On Tuesday there were 4,000 apprehensions. I know that 1,000 [apprehensions] overwhelms the system and I cannot begin to imagine what 4,000 a day looks like.”
  • To deal with the massive migrant flows, the Biden administration announced on Wednesday that it would begin releasing some migrants back into the country without a court date or any means of tracking them after release. On Thursday, a federal judge in Florida blocked those releases for not following the proper regulatory process, adding more uncertainty to the fast-unfolding crisis.

 

reporting from the left side of the aisle

 

  • The New York Times covered the Biden administration’s extensive efforts to open new legal pathways for migrants to enter the US. Government officials unveiled a new State Department website where migrants can apply for asylum and will open new regional processing centers in Colombia and Guatemala, with potentially more to follow.
  • CNN reported the Biden administration sent thousands of federal personel to the border in antipation of the migrant surge, including 1,400 DHS employees and 1,500 DOD personnel. Asylum officers, Secret Service agents, US Marshals and 550 US troops have also been deployed to support law enforcement and border control efforts.
  • NBC News reported “excessive rainfall” could envelop south Texas, drenching the region around the Rio Grande. Flash flood watches are in place across South Texas and officials are preparing to release water from the Caballo Dam into the Rio Grande, making what is already a treacherous crossing for migrants even more dangerous.

 

 

  • The New York Post reported federal agents in tactical gear are on standby in case of riots or if a mob of migrants tries to bum-rush the border. So far, border crossings in California and Texas have remained relatively calm, all things considered, but the preparations highlight just how combustible the situation is along the border.
  • The Wall Street Journal published a step-by-step guide to how the immigration system will work after the expiration of Title 42. The Journal broke down the two new processes for entering the country, one “before the border” at regional processing centers or the humanitarian structuring program, and “at the border” with tighter rules on asylum claims.
  • National Review’s Michael Brendan Dougherty argued “Democrats made this mess themselves by dismantling the policies that the Trump administration had used to get a handle on the problem.” Biden’s “knack for immediate disasters” has now led to the “effective opening of the US border.”

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© Dominic Moore, 2023