End of Title 42 brings slew of Biden immigration policies

WASHINGTON (TND) — The Biden administration is making a series of moves to prepare for the upcoming end of a Trump-era immigration rule that restricted asylum and is expected to bring a surge of people to the U.S.-Mexico border.

The end of Title 42, a public health law that allowed the U.S. to quickly expel immigrants to prevent the spread of COVID-19, is prompting concerns about a rush of people to the border that could exacerbate longstanding issues with processing and care for those trying to enter the U.S.

Migrants have been expelled from the U.S. about 2.8 million times since March 2020 using Title 42, which does not bar people from repeated attempts to gain entry. Many experts have pointed to repeat offenders as part of the reason for record levels of encounters at the border.

The Biden administration has tried to take a proactive approach as the May 11 deadline nears, telling people who are considering trying to come to the U.S. that there is not an open border.

Let me be clear: Our border is not open and will not be open after May 11,” Homeland Security Secretary Alejandro Mayorkas said in a press conference last week.

Several new initiatives have also been announced as the administration tries to prepare.

The U.S. and Mexico agreed to a new set of policies aimed at deterring illegal border crossings, and Mexico said earlier this week that it would accept up to 30,000 migrants per month from Cuba, Haiti, Nicaragua and Venezuela, which make up a big chunk of the overall illegal border crossings.

Earlier this week, the Pentagon also approved the deployment of 1,500 troops to the border for 90 days, which can be extended. DHS said troops sent to the border will be performing non-law enforcement duties and will not be interacting with migrants or people in DHS custody. The military personnel will conduct other support tasks like data entry, warehouse support and other administrative tasks.

Instead of sending 1,500 troops to the border, we should instead prioritize sending additional asylum officers or immigration judges,” said Jennie Murray, president and CEO of National Immigration Forum. “We need holistic solutions to address challenges, keep us secure and honor migrants’ human dignity. Congress’ inaction is failing our national security, our economy and our values.”

Some Democrats in Congress have criticized the administration’s plans for troops.

“The administration has had over two years to plan for the eventual end of this Trump-era policy in a way that does not compromise our values as a country,” said Sen. Bob Menendez, D-N.J. “Trying to score political points or intimidate migrants by sending the military to the border caters to the Republican Party’s xenophobic attacks on our asylum system.”

Also announced this week was a plan to restart a fast-track screening process for asylum claims. A similar program was enacted under the Trump administration before eventually being shut down at the start of the pandemic. Government watchdog reports found significant issues with people passing the “credible fear interviews.”

The White House said its screening system will be different as the interviews will be conducted by U.S. Citizenship and Immigration Services instead of Border Patrol agents and people will have access to a lawyer.

It’s unclear if the fast-track processing will be a more effective strategy.

“The key to viability is resources. We should be surging processing personnel to the southern border to promote order and efficiency. The administration is taking steps to surge personnel to the border, including directing personnel qualified to conduct credible fear interviews to evaluate their initial eligibility for asylum,” Murray said. “This will be helpful in the short term, but without additional funding and resources from Congress, it is unclear how long the administration will be able to deploy additional personnel to the border and how this could impact other DHS functions.”

In another move to try to circumvent a build-up of people at the U.S.-Mexico border, the White House said it would be opening migration centers in Guatemala and Colombia for asylum seekers with more locations to come in the coming weeks. The centers will be able to provide information on becoming a refugee and other immigration options and run by international organizations.

Immigration and the situation at the southern border are vulnerable political issues for Biden, who recently announced he would seek reelection in 2024. Republicans have criticized the White House for what they call weak policies on illegal immigration that they claim led to an “open border.”

Cracking down on illegal immigration was a signature issue for former President Donald Trump, who is the frontrunner to win the Republican nomination and could face Biden in a rematch of the 2020 election. Trump, along with others in the Republican primary field, has attacked Biden for his immigration policies throughout his term.

Some of the administration’s policy moves, like sending troops to the U.S.-Mexico border and enacting a fast-track asylum screening process, are moves that were also made during the Trump administration.