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U.S. plans to lift COVID-19 border expulsion policy known as Title 42 – CBS News
By Camilo Montoya-Galvez
Record numbers of Cubans, Nicaraguans and Colombians reach U.S. border.
The Biden administration is expected to lift in May the pandemic-era emergency rule known as Title 42, which has allowed U.S. immigration authorities to quickly expel immigrants and asylum-seekers to stop the spread of COVID-19. The rule has blocked nearly 2 million people from crossing the border since it was enacted during the Trump administration. CBS News immigration reporter Camilo Montoya-Galvez joined Meg Oliver and Tanya Rivero to discuss.
A 22-year high in apprehensions along the U.S.-Mexico border in March was partly fueled by record arrivals of migrants from Cuba, Nicaragua, Colombia and Ukraine, Department of Homeland Security (DHS) figures released this week show. Customs and Border Protection (CBP) processed migrants 221,303 times along the southern border in March,
a 33% jump from February and the highest tally since 2000, according to agency statistics.
CBP said 159,900 encounters in March represented unique migrants, citing a 28% rate of repeat border crossings. The spike in migrant arrivals was also partly driven by a 33% increase in apprehensions of single adults, who accounted for 169,062 — or 76% — of all border encounters. Arrivals of migrant parents and children traveling as families and unaccompanied minors also increased, rising to 37,818 and 14,167, respectively.
Arrests of Mexican migrants, the majority of whom are single adults, rose by 22% from February, increasing to 87,388. Arrivals of migrants from Guatemala, Honduras and
El Salvador also increased, but on a smaller scale, rising to 21,355, 16,063 and 8,387, respectively.
U.S. authorities recorded encountering a historic number of migrants from countries beyond Mexico and Central America’s Northern Triangle, who made up nearly 40%
of all border encounters last month.
U.S. border officials processed 32,141 Cuban migrants, an all-time high that doubled February’s tally and made Cuba the second largest source of migration to the U.S. southern border in March, only behind Mexico.
Just over 16,000 Nicaraguans and 15,144 Colombians entered U.S. border custody
last month — records for both nationalities. The two countries were the fifth- and sixth-
largest migrant sending countries last month, overtaking other Latin American nations like El Salvador and Venezuela.
“There’s no precedent for this,” Adam Isacson, a migration policy analyst for the Washington Office on Latin America, told CBS News. “This change in nationalities is remarkable.”
The number of Ukrainians processed at the U.S.-Mexico border also spiked in March to 3,274, a 1,103% jump from February, when 272 Ukrainians entered U.S. custody there. Ukraine became the ninth largest source of migrants to the U.S. border, surpassing some Western Hemisphere nations like Haiti and Brazil.
Because they need visas to fly to the U.S., thousands of Ukrainians have been flying to Mexico to seek entry along the U.S. border since Russia invaded Ukraine. U.S. authorities at official border crossings have been directed to consider allowing Ukrainians to enter the country on humanitarian grounds.
Roughly 96% of the Ukrainians encountered along the southern border in March were processed at ports of entry, as opposed to arrested by Border Patrol for entering the country illegally, according to CBP data.
The sharp increase in migrant arrivals from countries outside of Mexico and Central America’s Northern Triangle will pose major operational and political challenges for the Biden administration, which is set to lift in late May a pandemic-era rule that allows U.S. officials to rapidly expel border-crossers, experts said.
“This is a continuation of the trend that started last year for people from multiple countries beyond Central America and Mexico to reach the U.S.-Mexico border, but it’s becoming much more accentuated and much more complicated,” Andrew Selee, president of the Migration Policy Institute, told CBS News.
Selee noted the U.S. currently can’t carry out large-scale deportations to Cuba and Nicaragua due to strained relationships with those countries’ authoritarian governments. That means migrants from those countries are allowed to stay in the U.S. while their asylum cases are reviewed, a process that can take years.
While Mexico accepts the returns of its citizens and migrants from Guatemala, Honduras and El Salvador who are expelled by the U.S. under the pandemic-era Title 42 rule, it generally does not allow the U.S. to expel migrants from other countries to its territory.
In March, 81% of U.S. apprehensions of migrants from Mexico and Central America’s Northern Triangle along the southern border resulted in expulsions under Title 42, according to CBP data. Conversely, just 2% of the apprehensions of migrants from other countries led to expulsions.
Since it was instituted by the Trump administration in March 2020:
Title 42 has allowed U.S. officials along the Mexican border carry out over 1.8 million expulsions of migrants, 75% of which have occurred under President Biden, government statistics show.
But earlier this month, the Centers for Disease Control and Prevention (CDC) said
Title 42 was no longer needed to curb coronavirus outbreaks inside migrant holding
facilities because of increased vaccination rates and improving pandemic conditions.
The CDC said it would terminate the policy on May 23.
The CDC’s decision triggered swift backlash from Republicans, who have accused the Biden administration of being too lenient on migrants. But it has also alarmed centrist Democrats, many of whom feel that an even bigger spike in border arrivals could harm their chances of being reelected in November.
In fiscal year 2021, CBP recorded processing migrants over 1.7 million times along the Mexican border, a record. Six months into fiscal year 2022, the agency has already recorded over 1 million migrant arrivals.
In March, CBP processed an average of 7,000 migrants per day along the southern border. But DHS officials are preparing for that number to increase to 12,000 or even 18,000 when Title 42 ends, an unprecedented scenario that would overwhelm the already strained U.S. border processing capacity.
While Republicans and some Democrats have said the administration is not ready for
Title 42’s termination, DHS officials said they’re preparing by mobilizing hundreds of border agents, expanding capacity at processing facilities and securing additional buses and aircraft to process migrants.
Homeland Security Secretary Mayorkas has said that when Title 42 is lifted, migrants will have a chance to seek U.S. asylum. Those who don’t qualify for asylum, however, will be swiftly deported, he has said.
But Isacson, the policy analyst, said the U.S. will continue to struggle to carry out deportations of migrants who are not from Mexico or Central America after Title 42 is lifted. Historically, the pre-pandemic deportation tool available to border officials, known as expedited removal, has only been used on Mexican and Central American migrants who don’t ask for asylum or who fail to establish credible fear of persecution.
Isacson said the number of migrants from countries outside of Mexico and Central America heading north will continue to remain high as long as travel options remain
open and there are sophisticated networks of smugglers facilitating their journey to the
U.S. Cubans, he noted, are first flying to Nicaragua, where they enjoy visa-free travel, and then heading to the U.S. Nicaraguans are trekking through Central America and Mexico to reach the border. And Colombians are flying to Mexico because they don’t need visas to get there, before traveling to the Arizona border.
“I think the real growth in migrant arrivals for a while is going to be from any country that’s hard to return people to and reasonably easy to get to the United States from,” Isacson said. Seventh bus of illegal immigrants en route from Texas to US Capitol in Washington: Gov. Greg Abbott (msn.com)
The southern border is expected to see an unprecedented humanitarian and security crisis due to President Joe Biden’s plans to end the pandemic policy of turning away migrants known as Title 42. Biden’s decision has been met with fury from Republicans and even some Democrats who have accused the White House of setting up the U.S. immigration system for failure.
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US plans to lift border policy known as Title 42.
Here’s what to know about Title 42.
Original Author: Anna Giaritelli
Original Location: EXPLAINED: Title 42, the policy at the center of the border debate
One week after President Trump declared a national emergency over the coronavirus pandemic on March 13, 2020, the Centers for Disease Control and Prevention invoked Title 42 of the Public Health Service Act of 1944, giving it the ability to deny the admission of goods and people who pose a risk of spreading a communicable disease.
By invoking Title 42, the CDC recommended to U.S. Customs and Border Protection that all noncitizens seeking asylum at ports of entry and those who crossed illegally between the ports be immediately expelled back into Mexico. The change meant Border Patrol agents would not take people into custody, further risking the spread of the coronavirus in law enforcement facilities.
Carrying out Title 42
The temporary policy was put into effect March 21, 2020, and could be renewed after
60 days. The CDC has renewed it for two years, and in that time, the United States has expelled 1.6 million people through the authority, though some were turned away more than once.
The Trump administration enforced Title 42 to a greater extent than the Biden administration has. Under Trump, virtually all illegal immigrants were expelled
to Mexico or their home country.
Expulsions became more complicated in late 2020, when people from countries beyond Mexico and Central America began crossing the border at higher rates than ever seen in the Border Patrol’s 98-year history. Because the Mexican government refused to accept back migrants from countries beyond Central America, the U.S. was forced to take them into custody.
Some Mexican states refused to accept back migrants traveling with a family member if the child was over 7 years old. In response, Border Patrol stopped immediately expelling those families.
Families unable to be returned south of the border must be taken into Border Patrol custody. Once they are processed, families are turned over to Immigration and Customs Enforcement. ICE used to hold families at its family residential centers for up to 20 days before it would have to release them due to a court ruling. Because 1.5 million cases are pending before the 500 judges of the U.S. immigration court system, having cases resolved in 20 days is impossible. The Biden administration has also ceased using family residential centers, opting to release families immediately.
Biden slows expulsions
When Biden took office in January 2021, his administration barred the Border Patrol
from turning away children who showed up at the border without a parent, known as unaccompanied minors.
He also immediately halted deportations for 100 days, suspended border wall construction, and vowed to rescind initiatives that turned away asylum-seekers at the nation’s borders — moves that sent a signal to the world that likely prompted many to travel to the U.S. In addition, the pandemic has had the harshest economic effect on Latin American nations, leading more people to flee.
The Biden administration announced in early April that it would end Title 42 on May 23. However, the decision to go forward raises the prospect of further chaos at the border before the midterm elections.
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Where Democrats and Republicans stand
Immigrant activists and Democrats have fought Title 42 because it prevents migrants
from making asylum claims. In addition, migrants who return to Mexico face extremely dangerous situations, being preyed upon by cartels, and living in terrible conditions, often outside in tents, according to the Washington Office on Latin America, a research and advocacy human rights organization.
The expulsions also mean those who illegally cross the border cannot be detained and
thus referred for prosecution and face the consequences, which can serve as a deterrent. Recidivism, or the rate at which people cross the border multiple times, has tripled under Title 42.
Republicans have long opposed ending Title 42, warning that without a mechanism to expel people immediately, more will come, and U.S. border agents will be overwhelmed and lose control of the border to migrants and the cartels. In 2021, more than 2 million people were stopped while attempting to enter the U.S. from Mexico illegally in 2021, an astronomical figure compared to recent years. In a 21-state lawsuit filed in Louisiana, Republican attorneys general argued that the Biden administration failed to consider the impact undoing Title 42 would have on them.
Opponents, including the American Civil Liberties Union, sued the Trump administration for expelling migrant families before without allowing them to seek asylum.
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But Democrats are increasingly speaking out against the Biden administration’s plans ahead of the election. Five Senate Democrats joined six Republicans in April to introduce
a bill that would require a 60-day delay before Title 4 can end. The bill would also require the Department of Homeland Security to submit a plan to Congress for winding down the policy without creating disaster.
Health policy used for immigration purposes
Theresa Cardinal Brown, the managing director of immigration and cross-border policy
at the Bipartisan Policy Center, noted that Title 42 has been used as a border management policy, not a health protocol.
“In legal terms, Title 42 is a health policy, issued under public health authorities,”
Brown wrote in an email. “In practical terms, because it only applies to migrants entering from Mexico or Canada without documents, it has been used to manage migration at the U.S.-Mexico border since it was put in place in March 2020 which makes it an immigration policy as well.”
Immigration restrictionism group Numbers
USA Vice President Chris Chmielenski views Title 42 as an immigration policy
because it “dictates who can come to the U.S., who can’t come, and who can stay.”
“The intent of Congress in passing Title 42 was to give clear authority to the Surgeon General to decide who can come and who can’t come during a global health crisis to best serve the interests of the citizens,” Chmielenski wrote in an email. “Immigration policy, first and foremost, should serve the interests of U.S. citizens.”
DHS Secretary Alejandro Mayorkas has maintained that Title 42 “is not an immigration authority, but rather a public health authority.”
What will happen when Title 42 ends?
The major question is how the Biden administration will prepare for and respond to
Title 42 ending on May 23. The Biden administration is said to be concerned that walking back Title 42 could prompt a “mass migration event.”
Between 5,000 and 7,000 noncitizens have been encountered attempting to cross the border illegally each day over the past year. The DHS is specifically concerned that Mexican cartels will take advantage of the forthcoming change in border policy and attempt to push as many people into the country as possible. The DHS is planning for a worst-case scenario of 18,000 people a day in the six weeks following May 23, far beyond the 1,000 that the Obama administration had said would constitute a crisis.
A further escalation of illegal immigration and the potential for mass releases of illegal immigrants into the interior of the U.S. would further damage Biden’s standing months ahead of the midterm elections, adding to problems for Democrats.
More than 283,000 migrants who illegally crossed the border from Mexico between October 2020 and September 2021 were let into the U.S. despite Biden administration’s claims that it was immediately turning away adults and families. Border Patrol agents were so overwhelmed with the volume of illegal immigrants showing up this year that they started releasing migrants en masse into communities without providing them the legal documents that mandate they appear before an immigration judge about their unlawful entry. Of the 283,000 releases, about 95,000 noncitizens were released without inputting them into tracking systems.
The DHS has shared that it is working with the State, Health and Human Services, and Justice departments to move personnel to the border, but it has not shared any details of its plans besides bullet points.
Is there a quick fix?
Once Title 42 ends, people who are apprehended illegally crossing the border or deemed inadmissible for entry at the ports will face one of three options, according to Brown.
The government could use a process known as expedited removal to repatriate that person to their home country, though it is contingent on that person not claiming a fear of being returned. However, it’s not clear if the Mexican government will accept non-Mexicans.
If the person did claim asylum during the expedited removal process, they would undergo an initial asylum screening called a credible fear interview and be referred to immigration court if they pass.
Others will be referred directly to immigration court and likely released into the
U.S. pending the resolution of their case. Some could be held in ICE detention facilities, though the pandemic and the Biden administration’s aversion to detaining people for civil offenses makes detention far less likely.
At present, 216,450 immigrants released into the U.S. are not in detention but are being monitored through technology programs. Fewer than 20,000 people are in detention, according to April data from the Transactional Records Access Clearinghouse, a research organization at Syracuse University in New York.
Finally, some migrants may be returned to Mexico under a policy implemented during
the Trump administration, the Migrant Protection Protocols. Known informally as the “Remain in Mexico” policy, it forces asylum-seekers to go back to Mexico for weeks to months while they wait to appear in court, rather than releasing them into the U.S.
The Biden administration unsuccessfully tried to end the policy last year, but the Supreme Court ordered it be reinstated. With so many people crossing the border from countries far beyond Central America, it makes it more challenging for the U.S. to remove those people to well over 100 countries.
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