Global Courant 2023-04-12 01:15:20
The Title 42 public health order, which was introduced at the start of the COVID-19 pandemic and has turned into a central part of the US response to the ongoing migrant crisis at the southern border, will end in a month — with the federal government taking still steps to cope with a possible rise.
The order was enforced in March 2020 during the Trump administration and at the start of the pandemic. The order, from the Centers for Disease Control (CDC), allows border authorities to quickly deport migrants at the southern border on public health grounds.
While migrants entering the US illegally can normally be processed and deported using Title 8 authorities, which can take hours or days, Title 42 meant that migrants could often be returned to Mexico without even being placed in detention.
BIDEN ADMINISTRATOR KEEPS ‘CREDIBLE FEAR’ SCREENINGS OF MIGRANTS AT CBP FACILITIES AS BORDER PREPARES FOR A SURGE
A U.S. Border Patrol agent checks identification of immigrants as they await processing by U.S. Border Patrol after they cross the border from Mexico in Yuma, Arizona on Dec. 30, 2022. (Qian Weizhong/VCG via Getty Images)
It quickly meant that a majority of migrants were returned to Mexico under the order, and it has become a focal point of border security in both the Trump and Biden administrations. It has become especially important since 2021, when the border saw an unprecedented wave of migration at the border with more than 1.7 million encounters in FY 2021 and more than 2.3 million in FY 2022.
Those numbers were exceeded in the early months of FY 2023 but have fallen slightly in recent months, which the Biden administration has attributed to border measures unveiled in January, including expanding Title 42 evictions to include an additional four nationalities.
Some legislators, both Republican and Democrat, as well as at least one Republican presidential candidate, have called for Title 42 to be extended or enshrined in law. Others have noted that it is associated with increased recidivism – with migrants often making multiple attempts to enter – while the Biden administration has argued that it restricts authorities from imposing penalties on illegal border crossings.
The government had tried to end Title 42 last year but had been blocked by legal action from Republican states. However, with the end of the public health emergency on May 11, the Biden administration is also ending Title 42. There doesn’t seem to be a major legal challenge ahead.
With the order expiring, it’s renewing fears of an even bigger surge ahead of the typical spring and summer surge that the border often sees. When the order was due to expire last year, the government predicted up to 14,000 encounters with migrants per day – which would equate to more than 400,000 encounters per month.
CBP OFFICERS WARN POTENTIAL ILLEGAL IMMIGRANTS THAT ‘BORDER IS NOT OPEN’ AS END OF TITLE 42 NEARS
The government has said it has a plan to deal with each spike, including more cooperation with Mexico, more resources sent to the border for processing, cooperation with NGO partners and increased use of alternative removal authorities under Title 8.
More recently, the government has taken additional measures, signaling that it is gearing up for a post-Title 42 stampede at the border.
Last month, the government introduced a new proposed asylum rule, which would immediately ban illegal immigrants who entered the US without seeking asylum in a previous country they passed through. The rule is enacted with the intent to be in effect before the order is lifted.
While DHS Secretary Alejandro Mayorkas has stressed that the “presumption of ineligibility” will be rebuttable and there are waivers for some people, it has enraged some Democrats and immigration activists who argue that it is similar to the Trump-era transit ban and that it violates the right of anyone from anywhere in the world to seek asylum at the US border.
Separately, Fox News Digital reported on Saturday that the government is preparing to conduct “credible fear” screenings – the first step in seeking asylum – for migrants at Customs and Border Protection (CBP) facilities.
DHS confirmed that the agency is working with legal service providers “to provide access to legal services for individuals receiving credible fear interviews while in CBP custody.”
OVERVIEW REPUBLICANS GRILL MAYORKAS ON ASYLUM COMMENTS DHS DATA ‘MISREPRESENTED’
“This is part of ongoing planning to initiate a process that will allow migrants to receive credible fear interviews from specially trained U.S. Citizenship and Immigration Services (USCIS) officers while still in (CBP) custody,” said spokesperson Marsha Espinosa.
DHS said the process is designed to ensure migrants have access to legal services, and said the effort would provide best practice if credible fear interviews are expanded.
Towering above this new policy is the CBP One app, which was expanded in January to allow migrants to make appointments at ports of entry. So far it’s only used to allow Title 42 exemptions, but it will be expanded once the order expires.
However, that app drew criticism from the left and right, with Republicans calling it a “concierge service” for illegal immigrants and immigration activists claiming the app is riddled with technical bugs that prevent migrants from entering the US
CLICK HERE TO GET THE FOX NEWS APP
How all these factors fit together will only become clear when the order expires on May 11. Meanwhile, multiple CBP offices have sent messages to migrants warning that the border is “not open,” despite what they may have heard from smugglers. .
