Biden Administration Ends COVID-19 Health Emergency and Border Expulsions
In a significant move, the Biden administration is set to end the COVID-19 health emergency, which will also bring an end to the practice of immediately expelling individuals crossing the border without allowing them to request asylum. This pandemic-era practice was initiated by the Trump administration and has been in effect for the past few years.
The expiration of Title 42, the authority behind these expulsions, has been widely misunderstood. Administration officials and immigration experts claim that both Title 42’s expiration and its impact on immigration patterns have been misconstrued, complicating the debate surrounding its termination. Republican state officials have previously filed lawsuits to keep Title 42 in place, leading to its multiple delays. However, this time, a court reprieve seems less likely.
Criminal smugglers have been spreading false information, stating that the end of the COVID-19 emergency and the expiration of Title 42 will make it easier for people to enter the United States. Biden administration officials have clarified that this is not the case. However, the use of Title 42 during the pandemic has had an unintended consequence. Quick, summary expulsions meant that officials ceased recording the entry of each migrant or inquiring about the reasons that drove them to leave their home countries. As a result, many migrants were summarily expelled and subsequently attempted to enter the US multiple times, increasing the number of encounters with Border Patrol agents.
To address the expected surge in migrants at the border, President Biden has ordered the deployment of 1,500 troops to support operations by US Customs and Border Protection officials. The administration is working to discourage migrants from attempting to cross the border and is planning to open processing centers in Guatemala and Colombia. These centers will allow migrants to meet with case workers and determine if they qualify for legal pathways into the country. Similar centers will be opened in other countries in the region. Additionally, the Biden Administration continues to allow 30,000 migrants each month from Cuba, Haiti, Nicaragua, and Venezuela to apply for humanitarian parole and enter the US via commercial airlines, rather than relying on criminal smugglers.
Homeland Security Secretary Alejandro Mayorkas has warned that those who try to cross into the US between ports of entry after May 11 will likely be blocked from claiming asylum or finding other legal pathways for entry. The administration aims to introduce a new immigration rule that would establish stricter conditions for individuals seeking asylum. Asylum officials should assume those encountered by Border Patrol between ports of entry will be denied asylum.
The expected surge in migrants at the border raises concerns for the Biden administration, particularly as President Biden prepares to run for reelection in 2024. However, the administration’s approach of securing the border while simultaneously providing more legal avenues may resonate with swing state voters. A recent poll found that a majority of voters in key swing states view increasing border security positively, along with providing pathways to citizenship.
While the political debate surrounding immigration remains entrenched, it is crucial to address the root causes of migration, including climate change, violence, and economic need. U.S. immigration laws, which haven’t been updated in decades, need revisiting to facilitate orderly entry points for migrants to live and work in the country.
Meanwhile, lawmakers have filed a bill proposing a system similar to Title 42 for the next two years to prevent a potential border crisis. However, a broader discussion on immigration reforms is needed beyond the current partisan positions.
As the Biden administration takes steps to manage migration and provide relief to those in need, it remains clear that the issue of global migration requires comprehensive solutions. The root causes driving people to migrate will not disappear, and a thoughtful approach is necessary to address this complex problem effectively.
