What is Title 42 and what happens next at the border? | CNN Politics

This story has been updated. An earlier version was published in November.

CNN —

The future of Title 42, and the situation at the US-Mexico border, remains in limbo for now.

The Supreme Court said Tuesday that the controversial Trump-era border restriction will remain in effect while legal challenges play out, a move that ensures federal officials will be able to continue to swiftly expel migrants at US borders at least for the next several months.

The high court stepped in days before Title 42 was set to end earlier this month after an emergency appeal filed by a group of Republican-led states.

That means the public health restrictions remain in effect – for now – as the court weighs arguments from the states and responses from the Biden administration and the American Civil Liberties Union.

Here’s a look at some of the key questions and answers about Title 42’s history, what the court is weighing, what’s happening on the ground and what could happen next.

What is Title 42?

In the early days of the coronavirus pandemic, the US Centers for Disease Control and Prevention issued a public health order that officials said aimed to stop the spread of Covid-19. The order allowed authorities to swiftly expel migrants at US land borders. The policy is widely known as Title 42, for the portion of US code that allowed the CDC director to issue it.

Migrants encountered under Title 42 are either expelled to their home countries or into Mexico. Under the policy, authorities have expelled migrants at the US-Mexico border nearly 2.5 million times in less than three years, according to US Customs and Border Protection data.

In a ruling last month, US District Judge Emmet Sullivan ordered the government to end the “arbitrary and capricious” policy. He granted a request for a five-week reprieve, setting a deadline of December 21.

Now after an emergency appeal to the Supreme Court from 19 GOP-led states, that deadline is on hold pending further legal review.

The Biden administration is continuing to prepare for the policy’s end, a White House official said earlier this month.

“While this stage of the litigation proceeds, we will continue our preparations to manage the border in a safe, orderly, and humane way when the Title 42 public health order lifts,” the Department of Homeland Security said.

How could lifting Title 42 change what’s happening at the border?

Officials predict that lifting Title 42 is likely to spur a significant increase in the number of migrants trying to cross into the US.

Last month the Department of Homeland Security was projecting between 9,000 to 14,000 migrants may attempt to cross the US southern border daily when Title 42 ends, more than double the current number of people crossing, according to a source familiar with the projections.

There’s no doubt Title 42 has become a policy officials frequently turn to at the border, but it’s not the only way migrants’ cases are handled. A CNN analysis of 10 months of data earlier this year found that the public health restrictions were applied in about 50% of migrant encounters at the southwest border.

Immigrants from Haiti, who crossed through a gap in the US-Mexico border barrier, wait to be processed by the U.S. Border Patrol on May 20, 2022, in Yuma, Arizona. Mario Tama/Getty Images

If Title 42 is lifted, the way migrants are processed at the border would go back to how it was before 2020. Under that system, migrants are either removed from the country, detained or released into the US while their cases make their way through immigration court.

But officials have also been weighing the possibility of implementing additional policies. Among them: a proposal that would bar migrants from seeking asylum at the US-Mexico border if they could have received refuge in another country they passed through on their journey, mirroring Trump-era asylum limits.

Is there a connection between Title 42 and what’s been happening in El Paso?

El Paso Deputy City Manager Mario D’Agostino told reporters two weeks ago that about 2,500 migrants were crossing the border there daily.

At this point there isn’t any known connection between the rise in crossings there and the looming end of Title 42.

But El Paso officials say they’re worried what they’re seeing now at the border will only intensify once the policy is lifted.

Migrants warm themselves by a fire next to the US-Mexico border fence in El Paso, Texas, on Thursday, December 22. John Moore/Getty Images Children from Colombia camp with their family alongside the El Paso border fence on December 22. John Moore/Getty Images Migrants run into the street after crossing into the United States through a hole in an El Paso fence on December 22. Allison Dinner/AFP/Getty Images Clothes are left behind on the razor wire of an El Paso border fence on December 22. Carlos Barria/Reuters A member of the Texas National Guard walks along the Rio Grande on December 22. Carlos Barria/Reuters A group of migrants wait on the US side of the Rio Grande after the Texas National Guard blocked access to parts of the border on December 20. David von Blohn/CNN Venezuelan immigrant Yaneisi Martinez weeps while embracing her three children after the Texas National Guard and state police blocked a popular border crossing area in Ciudad Juarez, Mexico, on December 20. John Moore/Getty Images The Texas National Guard and state troopers line the bank of the Rio Grande on December 20. John Moore/Getty Images Members of the Texas National Guard stand along the bank of the Rio Grande on December 20. David von Blohn/CNN A US Border Patrol agent in El Paso instructs immigrants who had crossed the Rio Grande on December 19. John Moore/Getty Images A group of migrants cross the Rio Grande into the United States on December 19. David von Blohn/CNN Migrants sleep in the cold outside a bus station in El Paso on December 18. John Moore/Getty Images Migrants wait to enter a shelter at the Sacred Heart Church in El Paso on December 17. John Moore/Getty Images Migrants wait in line to be taken in by US Border Patrol on December 15. Adriana Zehbrauskas for CNN Carlos Pavon Flores, with 1-year-old daughter Esther, stands outside a shelter that turned them away for not having bus tickets in downtown El Paso on December 14. Adriana Zehbrauskas for CNN A group of migrants from Venezuela and Nicaragua rest at a shelter in downtown El Paso on December 14. Adriana Zehbrauskas for CNN Migrants, mostly from Nicaragua, are seen from Ciudad Juarez, along the shore of the Rio Grande and below the US border wall on December 13. Paul Ratje/The New York Times/Redux After crossing the Rio Grande, migrants line up near the border wall to turn themselves in to US Border Patrol agents on December 13. Jose Luis Gonzalez/Reuters Migrants walk near the border wall between Ciudad Juarez and El Paso on December 13. Jose Luis Gonzalez/Reuters A member of the Mexican army watches migrants on December 12. Jose Luis Gonzalez/Reuters Migrants line up at the entrance of a bus station in El Paso on December 12. Paul Ratje/The New York Times/Redux "Look at the vast numbers increased in the past couple of weeks, especially the last three to four days," El Paso Deputy City Manager Mario D'Agostino told the city council there. "Those numbers are unsustainable, and that's with Title 42 in place. So we can only imagine what that Title 42 lift is going to do on top of everything else." Ivan Pierre Aguirre/Reuters A migrant from Venezuela and his daughter look out the window after arriving at a federal shelter in Ciudad Juarez on December 11. Omar Ornelas/El Paso Times/USA Today Network Migrants cross the Rio Grande on December 11. Jose Luis Gonzalez/Reuters Migrants ride a bus on their way to the United States to request asylum on December 11. Jose Luis Gonzalez/Reuters Migrants keep warm next to fires while waiting in line in El Paso on December 11. Paul Ratje/The New York Times/Redux A young migrant girl carries a doll on a bus in Jimenez, Mexico, while she tries to reach the United States to request asylum on December 10. Jose Luis Gonzalez/Reuters Migrants ride aboard a box trailer as they travel to the US border on December 10. Jose Luis Gonzalez/Reuters In pictures: El Paso sees surge in border crossings Prev Next

D’Agostino said already what his city is seeing is different than past surges of migrants across the border

Before, D’Agostino said, increases in migrant populations crossing the border were gradual and over a series of months. This time, he said, it has been rapid and over a few days.

“Our infrastructure cannot keep up,” he said.

Why is Title 42 controversial?

The border restrictions were controversial from the moment the Trump administration announced them. Immigrant rights advocates argued officials were using public health as a pretext to keep as many immigrants out of the country as possible. Public health experts also slammed the policy, saying it wasn’t justified by the circumstances.

In April, the policy became a political lightning rod and a topic of fierce debate as the Biden administration announced plans to end it. But ultimately, the policy remained in place after a federal judge in Louisiana blocked the administration’s plans to roll it back.

Debate resurged after Sullivan’s November ruling, and again several weeks later as word spread of the increasing number of migrants crossing in El Paso.

Migrants cross the Rio Grande near El Paso, Texas, on Sunday. Officials say the city is bracing for the end of Title 42 next week. Jose Luis Gonzalez/Reuters

Those who support Title 42 point to border arrests as they argue how essential the pandemic policy has been for blocking illegal immigration. Those who oppose the policy argue official statistics about encounters at the border inflate the severity of the situation, because the data include people crossing the border multiple times. They argue Title 42 has actually caused more border crossings.

The GOP-led states trying to block the lower court from ending the policy argue they’ll suffer “irreparable harm” and be forced to spend more money on law enforcement, education and healthcare if Title 42 is lifted. They told the Supreme Court that a “crisis of unprecedented proportions” would unfold at the border if the court failed to issue a stay while justices considered the case.

The DC Circuit US Court of Appeals on Friday had denied the states’ request to intervene, ruling that they waited an “inordinate” amount of time before trying to wade into the case. Now the Supreme Court will weigh those states’ claims and responses from the government and the American Civil Liberties Union, which is representing migrant families in the case.

Who has been subjected to Title 42?

Earlier this year, Title 42 drew attention when authorities at first were using it to turn away Ukrainians at the border, then largely started granting exceptions that allowed thousands of Ukrainians seeking refuge to cross.

Advocates argued a racist double standard was at play as many migrants from Central America and Haiti continued to be turned back under the policy. Federal officials denied that accusation and said each exemption is granted on a case-by-case basis.

In August, CNN’s analysis found that migrants from outside Mexico and the Northern Triangle countries of Guatemala, Honduras and El Salvador were far less likely to be subjected to Title 42.

But for some migrants, that’s started to change in recent months. Nearly 6,000 Venezuelan migrants were expelled under Title 42 in October after the Biden administration announced a new policy toward migrants from the South American nation.

Advocates say for many of those who are expelled, the situation is dire.

Since Biden took office, Human Rights First says it’s identified more than 13,000 incidents of kidnapping, torture, rape or other violent attacks on people blocked or expelled to Mexico under Title 42.

Where does the Biden administration stand on Title 42?

The Biden administration has sent mixed messages on Title 42. It has criticized Title 42 and vowed to end its use at the border, but more recently came to rely on the policy.

Many advocates expected President Biden would lift the order as soon as he took office, given his campaign promises to build a more humane immigration system. Instead, his administration extended the policy more than a year into his presidency and defended it for months in court.

In April 2022, the administration announced plans to end the policy, stating that it was no longer necessary given “current public health conditions and an increased availability of tools to fight Covid-19.”

After the federal judge in Louisiana blocked that effort, the Justice Department vowed to appeal.

But in October, facing mounting political pressure over a marked increase in migrants crossing the border, the administration announced it was expanding the use of Title 42 to expel Venezuelans into Mexico.

Now once again officials say they’re preparing for the policy to end. But they’re also appealing the federal judge’s recent ruling, arguing that public health restrictions limiting migration are legal.

Whatever happens next is sure to face intense political scrutiny.

Already the increasing number of migrants crossing in El Paso in recent weeks are intensifying debate over the border once again.

Title 42: Biden administration announces official end to restrictions ...

CNN —

The Biden administration will end Trump-era pandemic restrictions that effectively blocked migrants from entering the United States on May 23, the US Centers for Disease Control and Prevention announced Friday.

Former President Donald Trump invoked a public health authority, known as Title 42, at the onset of the coronavirus pandemic, a move that was immediately met with skepticism by immigrant advocates, public health experts, and even officials within the administration who believed it to be driven by political motivations. Yet the Biden administration continued to lean on Title 42 despite objections from its allies.

“In consultation with the Department of Homeland Security (DHS), this termination will be implemented on May 23, 2022, to enable DHS time to implement appropriate COVID-19 mitigation protocols, such as scaling up a program to provide COVID-19 vaccinations to migrants and prepare for resumption of regular migration under Title 8,” the CDC said in a highly anticipated announcement.

“After considering current public health conditions and an increased availability of tools to fight COVID-19 (such as highly effective vaccines and therapeutics), the CDC Director has determined that an Order suspending the right to introduce migrants into the United States is no longer necessary,” the agency added.

Migrant families and single adults will continue to be turned away at the US-Mexico border until that date, barring exceptions.

The lifting of the pandemic-restrictions is expected to have immediate ramifications and would mean a return to traditional immigration protocols that have been in place for decades.

The Department of Homeland Security is preparing for a worst-case scenario of up to 18,000 people trying to cross the border daily, a number sure to overwhelm the already full border facilities.

The department is preparing temporary facilities to handle an increase of people, deploying hundreds of officers to assist, and leveraging partnerships with other federal agencies, among other measures. This week, DHS also began offering Covid-19 vaccines to migrants encountered at the US-Mexico border and is expected to grow that program in the coming weeks.

With the lifting of Title 42, migrants might be detained or removed if they don’t have an asylum claim. Migrants may also be released into the US while they go through their immigration proceedings, and if released, might be enrolled in alternative detention programs for continued monitoring.

“Once the Title 42 Order is no longer in place, DHS will process individuals encountered at the border pursuant to Title 8, which is the standard procedure we use to place individuals in removal proceedings,” Homeland Security Secretary Alejandro Mayorkas said in a statement Friday.

“Nonetheless, we know that smugglers will spread misinformation to take advantage of vulnerable migrants. Let me be clear: those unable to establish a legal basis to remain in the United States will be removed,” he added.

This story has been updated with additional background information and reaction.

Supreme Court says Trump-era border restriction will remain in ...

CNN —

The Supreme Court said Tuesday that the controversial Trump-era border restriction known as Title 42 will remain in effect while legal challenges play out, a move that ensures that federal officials will be able to continue to swiftly expel migrants at US borders at least for the next several months.

The 5-4 order is a victory for Republican-led states that urged the Supreme Court to step in and block a lower court opinion that ordered the termination of the authority. The Biden administration has said it was prepared for the authority to end and had put in place precautions to guard against confusion at the border and any potential surge of migrants.

In its order, the court also agreed to take up the states’ appeal this term. The court said it would hear arguments on the case during its argument session that begins in February 2023.

Justices Sonia Sotomayor and Elena Kagan said they’d deny the application, but they did not explain their thinking. Conservative Justice Neil Gorsuch also dissented and explained his thinking in an order joined by liberal Justice Ketanji Brown Jackson.

Gorsuch said he does “not discount the States’ concerns” about border security. But Gorsuch noted that Title 42 was put in place to combat Covid-19, and “the current border crisis is not a Covid crisis.”

“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,” Gorsuch wrote.

Since March 2020, Title 42 has allowed US border agents to immediately turn away migrants who have crossed the southern border in the name of Covid-19 prevention.

Immigrant advocates and public health experts have long denounced use of the public health authority along the US southern border, arguing it was an inappropriate pretext for barring migrants from entering the United States. In nearly three years, the authority has been used over 2 million times to turn migrants away, according to US Customs and Border Protection.

At the border, migrants have been waiting in encampments in Mexico for months, anticipating the end of the authority so they can make their claim of asylum in the US. Immigrant advocates have tried to disseminate updates and information to migrants, but desperation has grown, especially as temperatures drop.

El Paso, Texas, has been at the center of the crisis as thousands of migrants have crossed that region of the border. The city opened government-run shelters at its convention center, hotels and several unused schools to care for migrants, though some have still had to sleep on the streets in cold temperatures.

The Department of Homeland Security has been putting in place a plan for the end of the authority that includes surging resources to the border, targeting smugglers and working with international partners.

“We will continue to manage the border, but we do so within the constraints of a decades-old immigration system that everyone agrees is broken. We need Congress to pass the comprehensive immigration reform legislation President Biden proposed the day he took office,” the department said in a statement.

The White House said it would comply with the order.

“Today’s order gives Republicans in Congress plenty of time to move past political finger-pointing and join their Democratic colleagues in solving the challenge at our border by passing the comprehensive reform measures and delivering the additional funds for border security that President Biden has requested,” White House press secretary Karine Jean-Pierre said in a statement.

Asked to respond to the ruling, President Joe Biden told reporters his administration will enforce the Trump-era immigration restriction, even if he thinks it’s past time to revoke it.

“The court is not going to decide until June apparently, and in the meantime we have to enforce it – but I think it’s overdue,” Biden told reporters on the White House South Lawn.

Solicitor General Elizabeth Prelogar acknowledged to the Supreme Court last week that returning to traditional protocols along the border will pose a challenge, but said there’s no longer a basis to keep the Covid-era rules in place.

“The government in no way seeks to minimize the seriousness of that problem. But the solution to that immigration problem cannot be to extend indefinitely a public-health measure that all now acknowledge has outlived its public-health justification,” Prelogar wrote in a filing with the Supreme Court.

Lawyers for the American Civil Liberties Union, who are representing families subject to Title 42, had in arguments underscored the dangers faced by asylum seekers subject to the authority and sent back to Mexico.

Lee Gelernt, the lead counsel for the plaintiffs in the case, told CNN in a statement that they are “deeply disappointed” by the ruling, but will continue to fight to end the policy.

“We are deeply disappointed for all the desperate asylum seekers who will continue to suffer because of Title 42, but we will continue fighting to eventually end the policy,” Gelernt said.

Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, called the order “procedurally bizarre.”

“This order is procedurally bizarre, in that it agrees to a request to freeze a district court ruling by states that weren’t even parties to that decision solely to decide whether they should have been allowed to intervene and defend that ruling on appeal,” Vladeck said. “Title 42 aside, that has enormous potential consequences for the ability of states going forward to fight to keep the current president from rescinding policies of her predecessors.”

The GOP-led states had argued that they’d be harmed by the lifting of the authority because of the influx of migrants entering the United States.

“The border crisis that Respondents bizarrely and eagerly seek to cause would also inflict enormous harms to the States,” a filing, submitted last Wednesday, reads.

This story has been updated with additional reporting.

Ariane De Vogue Priscilla Alvarez
Ariane De Vogue
Priscilla Alvarez

Biden administration prepares for surge of migrants ahead of the ...

CNN —

As administration officials considered a border proposal reminiscent of the Trump era this month, Senate Majority Leader Chuck Schumer called Ron Klain, President Joe Biden’s chief of staff, with concerns, according to three sources with knowledge of the call.

The call – one of many that have come in from lawmakers to the White House – was indicative of the politically precarious position for Biden as officials try to fend off Republicans pounding the administration over its handling of the border and appease Democrats concerned about barring asylum seekers from the US.

The Biden administration now faces a December deadline to terminate a public health authority, known as Title 42, that was invoked at the onset of the coronavirus pandemic and allowed officials to turn away migrants encountered at the US southern border – putting immigration back at the forefront.

The termination of the authority is expected to lead to an increase in border crossings since authorities will no longer be able to quickly expel them as has been done since March 2020.

During the call between Schumer and Klain, the Senate majority leader raised concerns about the administration’s preparation for the looming termination and whether officials were indeed considering a new asylum policy, according to two sources with knowledge of the call.

Schumer and Klain speak regularly and often daily or more in critical moments like the year-end legislative sprint currently underway. But the border issue’s emergence in discussion provides a window into a complex policy and political moment.

Schumer, a New York Democrat who has long pressed the administration to terminate Title 42, is far from alone. Administration officials have received a steady stream of calls from lawmakers as well as state and local officials, reflecting often sharply divergent views on the merits of the authority, people familiar with the matter said. The calls, however, all echoed consistent concerns about the termination of Title 42 and what it will mean along the border in recent weeks.

It’s a dynamic that has played out as the Biden administration intensively prepares for a moment officials have long grappled with how to navigate. To some degree, it’s the latest phase of an effort that has long been underway, with officials keenly aware since the opening days in office that at some point the pandemic-era policy would come to an end. Personnel and technology infrastructure have been directed to key entry points, with increased levels and resources expected to be announced in the days ahead.

Asked about concerns inside the administration about the potential for a surge at the border once Title 42 goes away, White House press secretary Karine Jean-Pierre listed off a series of personnel, processing and infrastructure efforts that have been put into place.

“We’re going to do the work, we’re going to be prepared, and we’re going to make sure we have a humane process moving forward,” Jean-Pierre told reporters Tuesday at the White House briefing.

Still, the cross-cutting viewpoints on border policy have converged with the significant diplomatic component tied to managing a rapid shift in the countries of origin of the migrants apprehended at the border, one that has added a new layer of difficulty for the administration.

Throughout, administration officials have stressed that the only viable long-term solution will come from congressional action, noting encouragement with a bipartisan framework released in the Senate last week.

According to sources familiar with the discussions, however, the long-shot bipartisan immigration deal led by Sens. Thom Tillis, a North Carolina Republican, and Kyrsten Sinema, who recently announced that she is leaving the Democratic party and registering as an independent, is essentially dead this Congress.

The framework, which would have extended protections for Dreamers and extended Title 42, was unlikely to build momentum in the brief lame-duck session.

CNN has reached out to Tillis’ and Sinema’s offices for comment.

Despite a legal process that remains up in the air, officials are deep into preparation as they stare down ominous signs of what may come next.

Already, over the weekend, more than 2,400 migrants crossed into the United States each day in only one section of the border, according to a senior Border Patrol official, marking what he described as a “major surge in illegal crossings” in the El Paso, Texas, sector.

Homeland Security officials have described the mood within the administration as concerned and worried about an influx in the near term.

Border planning underway

In the face of losing Title 42 and amid concerns of a surge, officials have weighed what immigrant advocates have described as a draconian approach by creating hurdles for migrants seeking asylum in the United States. The asylum proposal was included in a memo sent from the Department of Homeland Security to the White House, one source told CNN.

White House officials have also been in daily conversations with DHS officials about planning, sources told CNN. The National Security Council, which has been heavily involved in migration management amid mass movement across the Western hemisphere, has also played a critical role, sources said.

“The team has been working really hard to ensure we’re taking steps to manage the expiration of Title 42 and put in place a process that’s orderly and humane. And we believe in doing so, we can protect our security concerns,” national security adviser Jake Sullivan said Monday.

If adopted, the asylum proposal would be reminiscent of a policy put in place during the Trump administration that dramatically limited the ability of migrants to claim asylum in the US if they resided or traveled through other countries prior to coming to the US. No decision has been made on the proposal.

Administration officials have also set other plans in motion in anticipation of a surge of migrants when Trump-era Covid restrictions are lifted this month following a court order blocking the use of Title 42. The legal fight intensified this week when 19 Republican-led states asked a federal appeals court to rule on their request to suspend the termination of the policy by Friday, according to a court filing.

Since March 2020, when the authority was invoked, border officials have turned away migrants at the US-Mexico border more than two million times.

The Department of Homeland Security is preparing temporary facilities to process migrants, including in El Paso, as well as discussing ways to return non-Mexican migrants to Mexico through existing legal mechanisms aside from Title 42, according to two Homeland Security officials who stressed there’s been hourslong meetings daily to plan for an influx of migrants.

In a document outlining border security preparedness and obtained by CNN, DHS broke down its six-pillar plan, which was released in the spring and has since been updated. It includes scaling up ground and air transportation capabilities to transport migrants for processing and remove them, leaning on a CBP One mobile application to process asylum seekers, and increasing referrals for prosecutions for repeat border crossers, the document said.

In it, DHS also stressed the need for congressional action to update outdated statutes and help create a functioning asylum system, as the current one is under immense strain.

But just days away from the anticipated end of Title 42, plans are still being sorted out.

“The 21st (is) going to be a disaster. There are so many things in the pipeline, but nothing is ready (to) go,” one official said, referring to December 21 when Title 42 is set to end.

Homeland Security Secretary Alejandro Mayorkas underscored the whole of government approach in a statement, noting that mass movement of people around the globe has posed a uniquely difficult challenge.

“Despite our efforts, our outdated immigration system is under strain; that is true at the federal level, as well as for state, local, NGO, and community partners. In the absence of congressional action to reform the immigration and asylum systems, a significant increase in migrant encounters will strain our system even further,” he said.

“Addressing this challenge will take time and additional resources, and we need the partnership of Congress, state and local officials, NGOs, and communities to do so,” he added.

Democratic Rep. Henry Cuellar of Texas, however, has called Title 42 critical and criticized what he called a “whack a mole” approach to the issue.

“If there’s a surge in the valley, they’ll move people down there. If there is more people crossing let’s say, Del Rio, Eagle Pass they’ll move agents over there. Now they’re moving agents to El Paso. This is not the way to secure the border,” Cuellar said Wednesday on “CNN This Morning,” adding a call for Biden to visit the border and see the situation for himself.

“I don’t know why they keep avoiding the border and saying there’s other things more important than visiting the border,” he said. “If there’s a crisis, show up. Just show up.”

Major surge in arrivals expected

Officials have already been contending with thousands of migrants crossing the border daily and expect those numbers to increase in the coming days and weeks, overwhelming already-strained resources.

CNN previously reported that DHS is preparing for multiple scenarios, including projections of between 9,000 to 14,000 migrants a day, more than double the current number of people crossing.

Over the weekend, US border authorities apprehended more than 16,000 people, US Border Patrol Chief Raul Ortiz said on Twitter. Among the cities seeing an influx in migrants is El Paso, which has previously grappled with a surge of migrants.

El Paso city officials said Tuesday they’re monitoring the situation and are in ongoing discussions with federal, state, and local partners. Mayorkas also visited El Paso on Tuesday where he met with the Customs and Border Protection workforce and local officials.

The Biden administration is also asking Congress for more than $3 billion as it prepares for the end of Title 42, according to a source familiar with the ask.

The request is intended to shore up resources for border management and technology and is part of broader funding discussions. It is not specific to the end of Title 42, the source said.

“If Republicans in Congress are serious about border security, they would ensure that the men and women of the Department of Homeland Security have the resources they need to secure our border and build a safe, orderly, and humane immigration system,” White House spokesperson Abdullah Hasan said in a statement.

Other border cities are also bracing for an influx of arrivals, including Laredo, Texas.

Cuellar, who represents Texas’ 28th District, told CNN he’s in close touch with the city of Laredo about preparations, adding that the city may bus migrants to other locations as they’ve done in the past if nonprofits can’t handle the influx of arrivals.

This story has been updated with additional developments.

Priscilla Alvarez Phil Mattingly
Priscilla Alvarez
Phil Mattingly

White House officials growing anxious over anticipated surge of ...

CNN —

White House officials are increasingly anxious about an expected migrant surge at the end of May coinciding with the repeal of a restrictive Trump-era border policy that has let them turn people away.

The political fallout over the Biden administration’s decision to terminate a Trump-era pandemic restriction, known as Title 42, on the US-Mexico border has put into sharp focus the precarious position for the White House – between its goals to welcome immigrants and weighing using drastic Trump-era policies to try to stem the flow of migrants arriving at the border.

“People are worried about where this is going and weathering the storm,” a source familiar with discussions told CNN.

One source who is in regular contact with senior-most administration officials about immigration policy said concern at the White House about the situation at the border has only grown as the midterm elections approach – and all the more so in recent days after the announcement that Title 42 will officially end in May.

“It was always going to be hard,” the person said, “and now they’re closer to the midterms.”

Another source close to the White House described a “high level of apprehension” in recent weeks.

“They watch the border numbers every day,” the person said. “They’re very aware of what the situation is at the border.”

White House chief of staff Ron Klain and President Joe Biden’s domestic policy adviser Susan Rice – two powerful political voices in the administration – are among the top administration officials who have been intimately involved in discussing the situation.

A political minefield

Issues related to the US-Mexico border and the entry of migrants into the country have long been politically fraught for both Republican and Democratic administrations.

Biden, who campaigned against Trump-era immigration policies, has received heated criticism from Republicans for his handling of border enforcement. But he’s also faced pushback from inside his own party for continuing to implement some of his predecessor’s policies that are unpopular with progressives.

White House press secretary Jen Psaki highlighted the administration’s plans in a Thursday press briefing, saying: “I would note the Department of Homeland Security also put together a preparedness plan to continue addressing irregular migration that involves surging personnel and resources to the border, improving border processing, implementing mitigation measures and working with other countries in the hemisphere to manage migration.”

In the span of a year, Biden has already grappled with a record number of unaccompanied migrant children at the US southern border and thousands of primarily Haitian migrants who camped in deplorable conditions under a bridge in Del Rio, Texas. Those incidents – which were used as fodder for Republicans looking to criticize the administration – are still fresh on the minds of officials bracing for busy weeks ahead.

“We can’t have another Del Rio happen to us,” US Border Patrol Chief Raul Ortiz said last month.

Avoiding that, though, might include the continued use of policies the administration has repeatedly criticized, like the Trump-era “remain in Mexico” policy that requires non-Mexican migrants to stay in Mexico until their US immigration court date. The policy, which restarted late last year after a court ruling, marked an unprecedented departure from previous protocols. Even so, the end of one Trump-era policy may give away to another growing in numbers.

“We will employ much greater numbers post-Title 42,” a Homeland Security official recently told reporters, referring to the “remain in Mexico” policy, which is formally called Migrant Protection Protocols.

“We are under a court order to reimplement MPP in good faith and as part of those good faith efforts, we have been systematically increasing our enrollment under MPP,” the official added.

The Department of Homeland Security has twice issued a memo trying to terminate the “remain in Mexico” policy, outlining its shortcomings and arguing it puts migrants in harm’s way, but the court ruling forced the administration to restart the policy. The administration is appealing the ruling.

As of April 3, nearly 2,000 people have been sent back to Mexico under the policy, according to the International Organization for Migration. That number is expected to grow, though given long-processing times and numerous other safeguards the administration has tried to implement, it’s unlikely to expand enough to stem the flow of migrants

Tens of thousands of migrants could surge to the border once restrictions lift

Still, Republicans and some Democrats have expressed concern over the US Centers for Disease Control and Prevention’s decision to revoke Title 42 next month, arguing that it’s a reckless decision amid pent-up demand to come to the US among migrants who are facing deteriorating conditions at home.

Intelligence assessments have found that people are in a “wait and see” mode and trying to determine when they have the best likelihood of entry into the US, according to a federal law enforcement official, adding that some of the 30,000 to 60,000 people could seek entry within hours if the CDC rule is repealed.

The White House has held interagency meetings about the intelligence and the situation more broadly, the official said.

By pulling back Title 42, the administration is returning to the usual operating procedures that have been in place for decades for processing migrants. That includes releasing migrants who claim asylum into the US, sometimes under an alternative form of detention, or detaining migrants and deporting them back to their home country.

But given conditions in Latin America, which was hit particularly hard by the coronavirus pandemic, more migrants may want to journey to the US southern border.

“As a result of the CDC’s termination of its Title 42 public health order, we will likely face an increase in encounters above the current high levels. There are a significant number of individuals who were unable to access the asylum system for the past two years, and who may decide that now is the time to come,” US Customs and Border Protection Commissioner Chris Magnus said in a statement.

The Department of Homeland Security released detailed plans for varying scenarios that could unfold at the US-Mexico border in the coming weeks.

Three planning scenarios have been devised to trigger what resources might be needed. The first scenario is where current arrest figures are, the second scenario is up to 12,000 people a day and the third scenario is up to 18,000 people a day, according to a planning document.

The Department of Homeland Security has set up a “Southwest Border Coordination Center” to coordinate a response to a potential surge among federal agencies. Homeland Security Secretary Alejandro Mayorkas appointed FEMA Region 3’s regional administrator, MaryAnn Tierney, in March to head the center.

As part of the preparation, CBP has deployed 400 agents from other parts of the US border to assist operations on the southern border, increased number of Immigration and Customs Enforcement personnel to assist in processing migrants, called on volunteers in the DHS workforce, and contracted to move thousands of migrants if need be.

CBP is also preparing to add new temporary facilities to alleviate any overcrowding. According to the DHS planning document, CBP holding facilities can hold over 16,000 migrants and expand to 17,000 with additional facilities opening in early April. Existing contracts can also be expanded to meet needs if there are up to 30,000 migrants in custody in a worst-case scenario.

But despite those plans, some Democrats are wary about moving forward with a return to the usual protocols on the border. Georgia Democratic Sen. Raphael Warnock, who is up for reelection, doubled down on his opposition to reversing Title 42.

“Senator Warnock believes in protecting the humanity of migrants at the border, but before this policy is rescinded, the Administration should present a plan for how it will ensure our border security has the manpower, infrastructure, humanitarian and legal resources they need to prevent this policy change from making an already dire humanitarian situation worse,” a spokesperson for Warnock said in a statement.

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What is Title 42? The US border policy, explained

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The pandemic-era border restriction known as Title 42, which has been used to rapidly expel migrants more than 2 million times, continues to be in place after nearly three years and two failed attempts to rescind the policy.

The U.S. Supreme Court recently blocked the Biden administration from lifting the controversial health policy that was first invoked under the Trump administration in March 2020. The restriction allows border officials to swiftly expel migrants seeking asylum at the nation's borders and shutter ports of entry.

Here are some answers to your questions about Title 42.

What is the Title 42 policy at the border?

Title 42 is a rarely used section of the U.S. Code dating back to 1944 that relates to public health and welfare. Under section 265 of the code, the director of the Centers for Disease Control and Prevention is allowed to prohibit the entry of non-citizens into the country if they believe there’s a “serious danger” of the introduction of the communicable disease into the U.S.

Title 42 was first invoked under the Trump administration during the pandemic in March 2020, with the reasoning it would mitigate the spread of COVID-19 in immigration facilities.

The policy, however, has continued to be used under the Biden administration as a tool to manage migration flows at the southern border even as the public health emergency has subsided.

Is Title 42 still in effect?

Yes, Title 42 continues to be enforced at the country's borders.

The policy will remain in place until the Supreme Court issues a final ruling, which could come in early summer. The high court will hear arguments in the case in February.

What does it mean for Title 42 to be lifted?

In the meantime, the extension of the policy buys the Biden administration more time to prepare for Title 42's eventual expiration. Administration officials stressed that preparations were underway in the weeks leading up to the Dec. 21 deadline but failed to release any official plans.

“We are advancing our preparations to manage the border in a secure, orderly, and humane way when Title 42 eventually lifts and will continue expanding legal pathways for immigration," White House press secretary Karine Jean-Pierre said in a written statement.

Potential end: Title 42 limits on migration could be ending. What could happen next?

On Dec. 27, the high court ruled that the border restriction must continue as it weighs the arguments in the case.

Title 42 was set to lift on Dec. 21 but was allowed to remain in use by a last-minute order by Chief Justice John Roberts. The order stemmed from a request by an Arizona-led coalition of 19 conservative states that asked the court to intervene in the case.

In the ruling, the justices announced they would limit their review to whether the coalition of states was allowed to intervene in the case.

How did Title 42 get to the Supreme Court?

On Nov. 15, U.S. District Judge Emmet Sullivan in Washington, D.C., vacated the policy and gave the Biden administration five weeks to prepare for the end of the restriction, slating the restriction for a Dec. 21 end.

The Biden administration subsequently appealed Sullivan's order, focusing on the authority of the U.S. Centers for Disease Control and Prevention to issue orders regulating migration.

Federal judge blocks Title 42: Judge blocks border health policy, expulsion of migrants

After Sullivan's ruling, Arizona, alongside a coalition of other Republican-led states, filed a motion to intervene in the case in an effort to delay the end of Title 42. In the motion, the states argued that the Biden Administration had "abandoned their defense" of Title 42 by only asking for a five-week stay.

A federal appeals court then rejected a bid from the group of Republican states to intervene in the case, clearing a path for the litigation to head to the Supreme Court.

On Dec. 19, two days before Title 42 was set to expire, the Arizona-led coalition of states filed an emergency appeal to the Supreme Court, asking the high court to keep Title 42 in place.

“Getting rid of Title 42 will recklessly and needlessly endanger more Americans and migrants by exacerbating the catastrophe that is occurring at our southern border,” Arizona Attorney General Mark Brnovich, a Republican, said in a news release announcing the emergency request.

That same day, the Supreme Court then issued a temporary stay on the restriction before ordering the policy to remain in place on Dec. 27,

How does Title 42 affect the Arizona border?

Title 42 has been applied differently in Arizona's two Border Patrol sectors.

In the Tucson sector, which covers 262 miles between New Mexico and Yuma County, about 60% of encounters ended with a Title 42 expulsion thus far in fiscal year 2023, according to U.S. Customs and Border Protection data.

Is Border Patrol ready?Is Border Patrol ready? US officials offer few details on plans when Title 42 policy lifts

In the Yuma sector, fewer than 5% of encounters ended with a Title 42 expulsion.

The differences are mainly related to the nationality of the migrants apprehended.

The number of migrants Border Patrol agents must process will “likely be double or greater” once Title 42 is lifted, placing further strain on the agency, according to a September U.S. Department of Homeland Security Office of Inspector General report.

The report documented that “guidance to agents on when Title 42 goes away is scarce” and there are no plans for what processing alternatives could be used when the border restriction ends. The report found that Border Patrol is “unprepared” to meet the increase in processing and placement burdens.

Who does Title 42 apply to?

The order has been used more than 2.4 million times in encounters with migrants. The restriction has bottled up tens of thousands of migrants in Mexican border communities who are waiting for their chance to request asylum in the U.S.

For nearly three years, the policy has been used to rapidly expel migrants and asylum seekers to Mexico or their home countries.

Ports of entry have turned away asylum-seeking migrants for nearly three years, with few exceptions granted through humanitarian parole. With official ports closed, many migrants have resorted to requesting asylum between ports of entry, often taking more remote and dangerous routes.

This has led to hundreds of asylum seekers presenting themselves to Border Patrol agents daily on the Cocopah Reservation near Yuma where the border wall ends.

Why are some migrants not expelled under Title 42?

Title 42 has been primarily applied to migrants from Mexico, Venezuela and the Northern Triangle countries of Guatemala, Honduras and El Salvador. Under agreements with Mexican government authorities, nationals from these countries can be can be sent back across the land border to Mexico.

All other nationalities, except for Ukrainians, are subject to be sent back to their home country or to a country that has agreed to receive them.

Border rhetoric: 'Border invasion' becomes talk of GOP candidates. Here's what to know

Still, migrants from other countries are less likely to be rapidly deported under Title 42 because of frosty U.S. relations with their home countries, such as Cuba and Nicaragua.

In October, the Biden administration expanded the scope of Title 42 to include Venezuelan migrants, a population that had been exempt from the restriction. The announcement included plans for a humanitarian program that would allow up to 24,000 Venezuelans into the country, given they have a supporting sponsor in the U.S. and after completing a rigorous application process.

Sometimes border officials cannot immediately expel migrants to Mexico or their countries of origin under the policy, such as unaccompanied children who are exempt from the restriction.

How does Title 42 affect asylum seekers?

Migrants have decried Title 42 as it has impeded their ability to seek asylum in the U.S. while they’re fleeing violence, threats and economic instability in their home countries. Advocates have criticized the policy that has forced asylum seekers to wait in Mexican border communities for months, facing discrimination and dangerous conditions at the hands of organized crime.

Uncertainty remains:Migrants remain in limbo as border health restriction’s future remains uncertain

Mexican cartels and criminal organizations have repeatedly preyed on the vulnerable migrant population that is stranded in Mexico to fuel their lucrative profits. If migrants are expelled under Title 42, they’re swiftly thrust back into the clutches of the awaiting cartels and coyotes, sometimes, in a matter of hours.

The nonprofit Human Rights First has documented more than 13,000 reports of “murder, torture, kidnapping, rape” and other violent attacks against migrants expelled to Mexico under Title 42 since Biden first took office.

The continuation of Title 42 has forced asylum seekers to remain in a limbo of perilous conditions as they await their opportunity to seek asylum.

What have Arizona leaders said about Title 42?

Most of Arizona's local and state leaders have opposed the lifting of the policy without a comprehensive plan in place as they've all emphasized the need for long-term immigration reforms.

Arizona Sens. Kyrsten Sinema, I-Ariz., and Mark Kelly, D-Ariz., have detailed worries about how the expiration of the policy would strain humanitarian organizations and border officials. Incoming Gov.-elect Katie Hobbs has criticized the Biden administration for planning to lift the restriction without any official preparations in place.

'Overwhelming':As Title 42 policy winds down, community leaders on border detail preparations

The border-area mayors of Yuma, Douglas and Nogales, Ariz., have echoed the state leaders and urged the federal government to bring them to the table to discuss viable solutions at the border.

Santa Cruz County Sheriff David Hathaway, whose county includes Nogales, has long been critical of Title 42 and has described the policy as "ridiculous." Still, Hathaway stressed that reforms to the country's immigration system are needed to address the underlying issues.

What happened when Title 42 was ending in May?

In April, the CDC determined that the public health order was no longer necessary after considering the array of mitigation measures and the low community levels of COVID-19 nationwide. Their public health assessment found that 97% of the U.S. population lives in counties with low levels of COVID-19.

Title 42 repeal blocked in May:Judge's ruling blocking the repeal of Title 42 divides Arizona politicians, communities

CDC officials announced Title 42 would be terminated on May 23 to "enable the Department of Homeland Security to implement appropriate COVID-19 protocols."

In May, a federal judge in Louisiana blocked the Biden administration from rescinding Title 42, leaving the policy in place.

U.S. District Judge Robert Summerhays, from the Western District of Louisiana, placed the temporary restraining order to stop the administration from moving forward. His decision stemmed from a lawsuit filed by Brnovich, along with 20 other Republican attorneys general, in April.

Have a news tip or story idea about the border and its communities? Contact the reporter at josecastaneda@arizonarepublic.com or connect with him on Twitter @joseicastaneda.

Title 42 to remain in place for now as Chief Justice John Roberts ...

CNN —

Supreme Court Chief Justice John Roberts on Monday put a temporary hold on the termination of a controversial Trump-era immigration policy known as Title 42 that was set to end on December 21, leaving it in place for now.

But in a brief order Roberts signaled that the court wants to act quickly and asked the Biden administration to respond by 5 p.m. ET Tuesday to an emergency appeal filed by a group of Republican-led states.

The brief order from Roberts means the policy that allows officials to swiftly expel migrants at the US border will stay in effect at least until the justices decide the emergency application. The order does not necessarily reflect the final outcome of the case.

The states had raced to the Supreme Court earlier in the day in an emergency bid to keep in place a Trump-era immigration policy that is set to go off the books Wednesday.

A federal district court judge had vacated the policy last month, calling Title 42 “arbitrary and capricious.” The judge said the program could remain in effect until December 21.

Already, federal officials and border communities have been bracing for an expected increase in migrant arrivals as early as this week, as the issue of immigration continues to ignite both sides of the political divide. The Department of Homeland Security has been putting in place a plan for the end of the program that includes surging resources to the border, targeting smugglers and working with international partners.

“As required by the Supreme Court’s administrative stay order, the Title 42 public health order will remain in effect at this time and individuals who attempt to enter the United States unlawfully will continue to be expelled to Mexico,” the department said in a statement following Roberts’ order. “While this stage of the litigation proceeds, we will continue our preparations to manage the border in a safe, orderly, and humane way when the Title 42 public health order lifts.”

Arizona Attorney General Mark Brnovich – who took the lead for the states – said in a statement earlier Monday that “getting rid of Title 42 will recklessly and needlessly endanger more Americans and migrants by exacerbating the catastrophe that is occurring at our southern border,” adding: “Unlawful crossings are estimated to surge from 7,000 per day to as many as 18,000.”

Brnovich had told the justices in court papers that they should put the lower court ruling on hold. As an alternative, he said that the justices should grant an “immediate” temporary injunction to maintain the status quo and also consider whether to skip over the appeals court and agree to hear arguments on the merits of the issue themselves.

“Failure to grant a stay here will inflict massive irreparable harms on the States, particularly as the States bear many of the consequences of unlawful immigration,” Brnovich argued.

Late Friday night, the DC Circuit US Court of Appeals ruled against the states, holding that they waited an “inordinate” amount of time before trying to get involved in the case. That order triggered the emergency application at the high court, which was addressed to Roberts, who oversees the DC-based appellate appeals court that ruled in the case.

Roberts is likely to refer the matter to the full court.

“This is a longstanding problem, more people are fleeing persecution, gang violence, failed states and climate change than ever before,” said Stephen Yale-Loehr of Cornell Law School, who has been critical of the policy. “Even without Title 42, we would have more people than ever before trying to enter the United States,” he added.

“Title 42 is not an effective way to manage our borders, instead, we need to both enact immigration reform in the United States and work with other countries so that people don’t feel so desperate to leave in the first place,” Yale-Loehr said.

In the early days of the coronavirus pandemic, the US Centers for Disease Control and Prevention issued a public health order that officials said aimed to stop the spread of Covid-19. The border restrictions were controversial from the moment the Trump administration announced them.

In the case at hand, six families that unlawfully crossed the US-Mexico border and were subject to the Title 42 process brought the original challenge.

In court papers, their lawyers at the American Civil Liberties Union argue that Covid-19 was always a thinly veiled pretense to increase immigration control. “There is no legal basis to use a purported public health measure to displace the immigration laws long after any public health justification has lapsed,” said Lee Gelernt, an ACLU lawyer representing the migrant families in the suit.

The Biden administration objects to the states’ attempt to intervene in the ongoing dispute and has said it is prepared to allow the program to end, but stresses it is still appealing the district court opinion to preserve the authority of the government to impose public health orders in the future.

White House press secretary Karine Jean-Pierre said earlier Monday that the administration would have more details Tuesday on its plans ahead of the rule’s planned expiration and reiterated the US would continue to enforce its immigration laws amid the current influx.

Inside the White House, the pause on the termination will not have any effect on what have been intensive behind-the-scenes preparations for the end of the authority, according to a White House official.

While the Department of Homeland Security serves as the lead agency on the issue, it has been a central focus for the last several weeks inside the West Wing, with senior White House officials playing a significant role in the internal debates over policy options to address an expected surge of migrants at the border. There are no plans to slow the ongoing effort, the official said, given the possibility any delay is only brief in nature.

“We’ve always been aware of the role the courts have in this process, but it’s not something that changes the approach,” the official said.

This story has been updated with additional details.

Judge hears arguments on Biden administration ending Covid ...

CNN —

A federal judge in Louisiana grappled on Friday with whether the Biden administration can end a controversial Trump-era pandemic restriction, known as Title 42, later this month.

The public health authority at the center of the case allows officials on the US-Mexico border to turn migrants back to Mexico or their home countries because of the public health crisis – an unprecedented move invoked at the onset of the coronavirus pandemic.

Since taking office, President Joe Biden’s administration has continued to rely on the authority, but in early April the US Centers for Disease Control and Prevention announced plans to terminate the order. The CDC said it’s no longer necessary given current public health conditions and the increased availability of vaccines and treatments for Covid-19. The policy is scheduled to end on May 23.

In a more than two-hour hearing on Friday morning, states that brought a lawsuit against the decision to terminate the authority emphasized the costs, such as health care, to states if the authority ends and potentially more migrants are released into the US. They also argued the administration didn’t go through notice and comment, a regulatory procedure.

“They have no idea what the harms are to the states,” said Arizona Deputy Solicitor General Drew Ensign, who argued on behalf of the more than 20 states.

The Justice Department, meanwhile, stressed the emergency nature of the order and the CDC’s authority to invoke or terminate it.

“States don’t seriously challenge the public health determination,” said Justice Department attorney Jean Lin, adding that there’s no basis to use Title 42 as a safety valve.

Judge Robert Summerhays, who presided over the hearing, occasionally jumped in during arguments and largely focused his questions on the harm to the states and whether the administration followed proper procedures, noting that emergency conditions have changed, potentially allowing for outside input.

Lin argued the CDC must have the ability to stay flexible and respond promptly.

Summerhays said he’d take the matter under consideration and rule before May 23, when the administration intends to end Title 42.

“Today was a great day,” Louisiana Deputy Solicitor General Scott St. John said following the hearing. “The judge asked very thoughtful questions.”

States push back

The CDC’s decision to wind down Title 42 received fierce criticism from Republicans and Democrats alike over whether ending the authority is justified and whether officials are prepared to handle an expected increase in migrants at the border. On Capitol Hill, Democrats are grappling with whether to allow a vote on Title 42 as they try to pass stalled Covid-19 aid.

Arizona, Louisiana and Missouri – whose lawsuit was before the judge on Friday – took the fight over Title 42 to court last month, arguing proper procedures hadn’t been followed when the administration announced an end to the policy and that the administration hadn’t provided a satisfactory explanation for ending it.

More than a dozen states, mostly GOP-led, joined the suit, all similarly arguing that ending the authority and potentially releasing more migrants into the US would strain state resources.

Late last month, Summerhays issued a temporary restraining order in the lawsuit against the Biden administration’s decision to end the authority. The states asked for an extension in light of that order expiring.

Summerhays granted the extension this week, meaning the Biden administration is prevented from winding down the public health order until the court’s decision on the case or May 23, when the administration planned to end Title 42.

The Biden administration has argued the pandemic landscape has given way to ending the public health authority and that the order was an extraordinary measure.

The end of the authority would mean a return to traditional immigration protocols that have been in place for decades. Under that system, migrants are either removed from the country, detained or released into the US while their cases make their way through immigration court.

Children play as families live in tents at a shelter in in Tijuana, Mexico, that houses refugee migrants seeking asylum in the US. Patrick T. Fallon/AFP/Getty Images

Homeland Security Secretary Alejandro Mayorkas recently told House lawmakers that the Biden administration’s preparations for the US-Mexico border when pandemic restrictions lift are ongoing, conceding that there’s likely to be an influx of migrants when that happens.

“With the Title 42 public health order set to be lifted, we expect migration levels to increase, as smugglers seek to take advantage of and profit from vulnerable migrants,” Mayorkas said during a House panel hearing. “We will continue to enforce our immigration laws.”

He outlined the six pillars of those plans, ranging from surging resources to the southern border to cracking down on transnational criminal organizations.

Arizona and Texas bus migrants to DC

Still, Republicans have slammed the administration. Arizona’s Republican Gov. Doug Ducey announced on Wednesday that the state will bus migrants encountered at the Arizona-Mexico border to Washington, DC, following the lead of Texas Gov. Greg Abbott.

Arizona, like Texas, has been grappling with an influx of migrants at the shared border with Mexico and has criticized the Biden administration for wanting to terminate Title 42.

Ducey cited a strain of resources as among the reasons for offering voluntary transportation to Washington.

“With Arizona community resources under all-time demand, and little action or assistance from the federal government, individuals who entered Arizona seeking asylum have the opportunity to voluntarily be transported to Washington, D.C. The transportation will include meals, and onboard staffing and support,” according to a news release.

Last month, Texas began busing migrants arrested at the border and released pending their immigration court proceedings to Washington on a voluntary basis. Migrants who spoke to CNN said they planned to continue to other cities in the US upon arriving in Washington and were grateful for the transportation.

Local organizations have been assisting migrants dropped off at Union Station by helping them to their next destinations or providing any services they may require.

This story has been updated with additional developments Friday.

Title 42: Biden administration wants Supreme Court to allow Trump ...

CNN —

The Biden administration told the Supreme Court Tuesday that the justices should reject an emergency bid by a group of GOP-led states to keep the controversial Trump-era border restriction known as Title 42 in effect while legal challenges play out.

But it also asked for the court to delay the ending of Title 42 until at least December 27, citing ongoing preparations for an influx of migrants and the upcoming holiday weekend.

The administration said that the states, led by Arizona, do not have the legal right to challenge a federal district court opinion that had vacated the program and ordered its termination by Wednesday.

Chief Justice John Roberts temporarily froze that deadline on Monday, and asked the parties involved in the lawsuit, the Justice Department and the American Civil Liberties Union, to weigh in.

Until the Supreme Court issues an order – which can come at any time, although the court has no deadline – the authority will remain in place.

Since March 2020, Title 42 has allowed US border agents to immediately turn away migrants who have crossed the southern border illegally, all in the name of Covid-19 prevention. There have been nearly 2.5 million expulsions – mostly under the Biden administration, which has been bracing for an influx of arrivals if the authority lifts.

The last-minute legal wrangling comes as federal officials and border communities have been bracing for an expected increase in migrant arrivals as early as this week as the issue of immigration continues to ignite both sides of the political divide. The Department of Homeland Security has been putting in place a plan for the end of the program that includes surging resources to the border, targeting smugglers and working with international partners.

In court papers Tuesday, Solicitor General Elizabeth Prelogar stressed that it would be highly unusual for the court to allow the states to step in at the last minute when they had not been an official party in the dispute at hand.

“The government recognizes that the end of the Title 42 orders will likely lead to disruption and a temporary increase in unlawful border crossings,” Prelogar wrote.

Video Ad Feedback Large group of migrants cross into El Paso 02:46 - Source: CNN

“The government in no way seeks to minimize the seriousness of that problem. But the solution to that immigration problem cannot be to extend indefinitely a public-health measure that all now acknowledge has outlived its public-health justification,” she wrote.

Lawyers for the ACLU, who are representing families subject to Title 42, also urged the justices to deny the states’ appeal.

“The record in this case documents the truly extraordinary horrors being visited on noncitizens every day by Title 42 expulsions,” Lee Gelernt, a lawyer for the families, wrote.

“The States’ argument effectively boils down to an assertion that Title 42 – with no hearings and no access to asylum – is a better immigration control system from their perspective than the actual immigration statutes that Congress has enacted,” Gelernt added. “But again, that is a choice for Congress.”

Preparing for end of Trump-era authority

The White House has been preparing for Title 42 to end, expecting a flow of migrants crossing the US-Mexico border. In the Del Rio sector, for example, officials predicted that the number of migrant encounters could double from 1,700 a day to 3,500 a day when Title 42 ends, straining overwhelmed resources in a remote area of the border.

Despite the freeze from Roberts’ Monday decision, the administration is moving forward with planning, CNN has reported.

“We’re going on as if nothing’s changed,” a senior US Customs and Border Protection official told CNN, adding that policy discussions are still underway to provide other legal pathways to Nicaraguans, Haitians and Cubans who make up a large number of encounters.

A group of migrants are waiting on the US side of the Rio Grande as the Texas National Guard blocked access to parts of the border with barbed wire and vehicles as seen from Ciudad Juarez, Mexico con 20 December 2022. David von Blohn/CNN

A DHS spokesperson told CNN in an email that officials along the southern border have moved over 9,000 migrants out of El Paso over the last week. US Border Patrol has also moved nearly 6,000 other migrants through to other sectors, the spokesperson said, and migrants have been placed in immigration proceedings “in addition to several measures that have been put in place over the last six months as part of the DHS Plan for Southwest Border Security and Preparedness.”

CNN’s Ed Lavandera, reporting from El Paso on Tuesday, described soldiers from the Texas National Guard deploying fence and barbed wire in areas where migrants have been crossing. The city’s Democratic mayor has declared a state of emergency and the city is looking for warehouse space to use as temporary shelter.

Just across the border from El Paso in Ciudad Juarez, CNN’s David Culver has spoken with migrants who spent weeks traveling hundreds of miles, often on foot, and are now confused as they hope for asylum in the US.

As for what happens on Wednesday if the expiration is still on hold, one official said there may be a “mini surge.”

“I think there’s some that probably haven’t gotten the message and won’t until they cross,” the official said. “There are some already committed who will cross.”

Late Friday night, the US Court of Appeals for the District of Columbia Circuit ruled against the states, holding that they waited an “inordinate” amount of time before trying to get involved in the case. That order triggered the emergency application at the high court, which was addressed to Roberts.

Arizona Attorney General Mark Brnovich – who took the lead for the states – said Monday that “getting rid of Title 42 will recklessly and needlessly endanger more Americans and migrants by exacerbating the catastrophe that is occurring at our southern border,” adding: “Unlawful crossings are estimated to surge from 7,000 per day to as many as 18,000.”

Video Ad Feedback A Texas shelter works overtime trying to keep up with the surge in migrants crossing the U.S. border 04:07 - Source: CNN

Brnovich had told the justices in court papers that they should put the lower court ruling on hold. As an alternative, he said that the justices should grant an “immediate” temporary injunction to maintain the status quo and also consider whether to skip over the appeals court and agree to hear arguments on the merits of the issue themselves.

“Failure to grant a stay here will inflict massive irreparable harms on the States, particularly as the States bear many of the consequences of unlawful immigration,” Brnovich argued.

In the case at hand, six families that unlawfully crossed the US-Mexico border and were subject to the Title 42 process brought the original challenge.

In court papers, the ACLU previously argued that Covid-19 was always a thinly veiled pretense to increase immigration control. “There is no legal basis to use a purported public health measure to displace the immigration laws long after any public health justification has lapsed.”

Meanwhile, although the Biden administration objects to the states’ attempt to intervene in the ongoing dispute and has said it is prepared to allow the program to end, it is still appealing the district court opinion to preserve the authority of the government to impose public health orders in the future.

This story has been updated with additional details.

Everyone can now agree -- the US has a border crisis | CNN Politics

CNN —

A pointless argument battered Washington for much of this year over whether the southern US border is in crisis. But no one is now doubting the chaos and potential migrant surge that could be triggered by an imminent policy shift next week.

The expiry on Wednesday of a Trump-era order that exploited public health justifications during the pandemic to turn away thousands of migrants is expected to severely strain an already stretched border, immigration and asylum system.

The Department of Homeland Security unveiled Thursday an emergency six-point plan to tackle the crisis as Republicans preparing to take over the House brandished the potential chaos as proof of their claims of gross White House negligence over the border.

Even some Democrats are warning that an huge influx of immigrants next week could cause multiple adverse consequences. Critics say the administration took too long to engage on the issue and hasn’t done enough, though they also fault Congress for failing for decades to reform the immigration system and border enforcement – a goal that polls repeatedly show the public supports.

“We have a leak,” Hidalgo County Judge Richard Cortez said on “CNN This Morning” Thursday. “We need a plumber to come and stop the leak. And instead, what we’re doing is we’re sending us more buckets to hold the water.”

California Gov. Gavin Newsom meanwhile told ABC News this week that the expiry of the policy known as Title 42 could overburden his state’s capacity to cope. “The fact is, what we’ve got right now is not working, and it’s about to break in a post-(Title) 42 world unless we take some responsibility and ownership,” he said.

Deputy Attorney General Lisa Monaco told CBS News she was worried about an increase in “illegal migration” and drug smuggling. Some Democratic jurisdictions, like New York City for instance are already struggling to cope with immigrants who have already arrived as they brace for more.

A pandemic-era band aid on a broader problem

Title 42 was introduced early in the Covid-19 emergency and allowed officials to turn away certain categories of migrants. But critics say it not only abused the principles of public health, especially by being in force so long, but that it was a cruel and unfair infringement of the human right to make an asylum claim. A federal judge in Louisiana blocked a previous bid by the Biden administration to cancel the order, but a federal judge in Washington struck it down in November, declaring it “arbitrary and capricious.”

Amid growing concerns that large groups of migrants waiting in Mexico could cross over the border next week, Biden’s team said Thursday it was surging resources to the area, improving processing efficiency for immigration claims, imposing consequences for unlawful entry, bolstering nonprofit capacity, targeting smugglers and working with international partners.

But it has often seemed like the White House wanted to talk about anything but the border to avoid political blowback and that the administration lacked urgency in tackling immigration as a whole – one of the most nettlesome issues for this president and his predecessors. Republicans have demanded Biden visit the border, though the political theatrics surrounding such a trip might now cloud any attempt by the president to offer clarity on a deeply complicated problem. Still, Democratic Rep. Henry Cuellar of Texas said on CNN “This Morning” Wednesday that the president should go anyway.

“I don’t know why they keep avoiding the border and saying there’s other things more important than visiting the border,” he said. “If there’s a crisis, show up. Just show up,” Cuellar said.

And in another setback to Biden’s efforts to end some of Trump’s controversial immigration policies, a federal judge in Texas has paused the administration’s most recent attempt to end the so-called “Remain in Mexico” program, which sends certain non-Mexican citizens who entered the US back to Mexico – instead of detaining them or releasing them into the United States – while their immigration proceedings played out.

GOP prepares relentless scrutiny on border

It is well within the new GOP majority’s right to investigate the administration’s failure to stem a rise in encounters with border crossers in Biden’s term and the intensity of its immigration policy as a whole. US border authorities encountered more than two million migrants in fiscal 2022, according to US Customs and Border Protection figures released in October – up from 1.7 million in 2021. Conservatives say this is proof of an “open border” that means many more migrants get through in a scenario that endangers national security. Many Democrats argue that large numbers of migrants encounter border agents in multiple attempts to cross into the US after they are repeatedly sent back.

But more broadly, the expiry of Title 42 is also a microcosm of a toxic debate over immigration, demagogued by conservative media and distorted by some Republicans for a political jolt that has made a multi-layered international and domestic issue impossible to solve for decades. Former President Donald Trump’s extreme rhetoric and chaotic hardline approach further poisoned the well over this issue and left the immigration system in chaos.

Some members in the new GOP House majority that will take over next month seem more determined to impeach Homeland Security Secretary Alejandro Mayorkas for a so-far unspecified high crime and misdemeanor, in revenge for Trump’s double impeachment, than in working to find a comprehensive solution to one of the nation’s worst problems.

And by shipping migrants to places like Manhattan, Washington and Martha’s Vineyard, Republican governors like Florida’s Ron DeSantis and Greg Abbott of Texas meanwhile seem keener to score points with potential Republican presidential primary voters by using migrants as political pawns than to draw attention to the burden borne by states in this crisis.

Republicans are right to highlight the epidemic of deaths from fentanyl in the United States that is coming across the border from Mexico often using precursor chemicals from China. But they also spent four years indulging Trump’s obsession with a border wall that does little to stem the influx of the narcotics that mostly comes through border checkpoints, concealed in vehicles by drugs cartels.

Another tragedy highlighted over Title 42’s expiration is rooted in the plight of migrants fleeing crime, persecution, economic and social repression in central and South America who make a perilous journey to the United States, often at the mercy of ruthless human traffickers and with no certain outcome.

Biden assigned Vice President Kamala Harris to address the root causes of immigration from nations in the Western Hemisphere. Her task is a fraught one, considering the corruption, unstable states and tensions between nations like Guatemala, Honduras, Venezuela and El Salvador and the United States – not to mention troubled relations in recent years between Mexico and Washington.

She argued at the Summit of the Americas in Los Angeles in June that no migrant wanted to leave home but that many were forced out by dire conditions. Harris has also sought to drum up private investment to mitigate the poverty that forces people to flee. But at the same time, there hasn’t been much public evidence recently that her efforts are bearing fruit or a sense that an issue that brings substantial political peril is her overwhelming priority.

Any permanent solution to border issues would involve a massive investment to secure the frontier, with barriers where it makes sense but also with new tracking technology and manpower where walls don’t help. It would address the plight of undocumented migrants brought to the US as children who are known as Dreamers. It would also provide a long-term path to legal status for millions more undocumented migrants, expand asylum courts to expedite claims and reform the system of legal immigration and visas for migrant workers needed to address economically damaging labor shortages in agriculture and catering industries, for instance.

But the political tradeoffs and goodwill required for such a reform defied Congress during the presidencies of George W. Bush and Barack Obama. A last-ditch effort by Republican North Carolina Sen. Thom Tillis and newly independent Arizona Sen. Kyrsten Sinema that would have led to the protections of Dreamers and new measures to halt border crossings in this Congress just fizzled.

It was the latest sign that a broken Washington can’t fix one of America’s most intractable problems – a failure that repeatedly leads to situations like the one that will unfold at the border next week.