Title 42, a public health measure implemented by President Donald Trump in March 2020 to control migration during the COVID-19 pandemic, will be coming to an end on Thursday night. The measure allowed for the rapid expulsion of migrants caught at the border, with over 2.7 million expulsions since its implementation. As Title 42 ends, experts predict a surge in border crossings, with numbers expected to rise from 7,500 to 13,000 per day. President Joe Biden has acknowledged that the end of Title 42 may lead to chaotic scenes in the short term. The US-Mexico border is already experiencing hot spots from California to Texas.
Title 42 was first enacted as part of the Public Health Service Act of 1944, allowing border and immigration authorities to block the entry of individuals who posed a health risk or had recently visited countries with communicable diseases. During the COVID-19 pandemic, Title 42 was used to immediately deport migrants without processing their asylum claims. Trump implemented this policy to prevent migrants from bringing and spreading the virus in the country, as well as to further his tough stance on immigration.
President Biden has made multiple attempts to end Title 42 but faced opposition from Republicans and immigration hawks who argued that as long as there was a health emergency, the policy should remain. In March 2022, the Centers for Disease Control and Prevention (CDC) determined that the intensity of the pandemic had reduced enough to end Title 42 expulsions. However, legal challenges and court rulings caused delays in ending the policy, with May 11, 2022, serving as the final end date.
Since its implementation, Title 42 has resulted in over 2.5 million expulsions of migrants. During Biden’s presidency, at least 81% of expulsions occurred after he failed twice to end the policy. To prepare for the potential surge in crossings after the expiration of Title 42, the Biden administration deployed 1,500 active-duty soldiers to the US-Mexico border for 90 days. The administration also announced new measures, including disqualifying migrants who have not sought asylum, increasing deportations, and establishing processing centers in Colombia and Guatemala.
Despite these efforts, there are concerns that the end of Title 42 will lead to a significant increase in border crossings, with estimates ranging from 700,000 to 1 million migrants. While the Biden administration aims to establish lawful pathways and discourage illegal migration, it remains to be seen how effective these new measures will be. Border communities are already experiencing overwhelming strain, with reports of shelters in Brownsville, Texas, being overwhelmed. Homeland Security Secretary Alejandro Mayorkas acknowledges that addressing migration at the southern border without Title 42 will be a tough challenge, and he anticipates unprecedented immigration throughout the entire hemisphere.
As Title 42 comes to an end, there are questions about the Biden administration’s care for the border communities. Critics argue that the administration’s actions do not match their rhetoric of compassion and cutting out cartels. The shift from Title 42 to Title 8 means that asylum seekers will no longer be processed under the former but under a different border policy. This will allow for preliminary interviews or appearances in front of immigration judges, potentially resulting in parole, detention, or holding in processing centers while their cases are decided.
In conclusion, the end of Title 42 marks a significant shift in immigration policy, raising concerns about a potential increase in border crossings and the ability to effectively address the situation at the southern border in the absence of this measure. The Biden administration is implementing new measures and deploying troops to mitigate the impact, but the future remains uncertain.
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