DHS Readies for End of Title 42, Migrant Surge

The Department of Homeland Security (DHS) is “surging personnel” to the southwest border, as the Title 42 policy—which allowed for easier expulsion of migrants during the COVID-19 pandemic—expires just before midnight on Thursday, May 11. 

The end of Title 42 is expected to lead to a surge of migrants attempting to cross the border. DHS projects it could encounter 13,000 migrants a day once the policy ends.

Title 42 was used during the COVID-19 pandemic to turn away migrants due to the public health emergency. The policy comes from Title 42 of a 1944 public health law that allowed such measures.

Border Crossings Already Rising

Even before the expiration, there are reports of border crossings rising. Brandon Judd, president of the National Border Patrol Council union, said more than 10,000 migrants were caught on both Monday, May 8, and Tuesday, May 9.

Meanwhile, DHS Secretary Alejandro Mayorkas urged patience in the days ahead.  

“This places an incredible strain on our personnel, our facilities and our communities with whom we partner closely,” Secretary Mayorkas said at a news conference. “Our plan will deliver results but it will take time for those results to be fully realized.”

Besides surging personnel to the border, that plan includes a new asylum rule. The rule will make migrants ineligible for asylum if they have entered the U.S. illegally and failed to claim asylum in a third-party country through which they have traveled.

The Biden Administration also promised to increase the use of expedited removal of certain migrants. That carries a five-year re-entry ban and could result in criminal prosecution.

"We are making it very clear that our border is not open, that crossing irregularly is against the law and that those who are not eligible for relief will be quickly returned," Secretary Mayorkas said.

In addition, there will be a new digital advertising campaign in Central and South America to broadcast accurate news about U.S. immigration laws.

Views from the Front Lines

On the front lines, border patrol agents are bracing.

"I certainly need more Border Patrol agents out here on the front lines," U.S. Border Patrol Chief Raul Ortiz told ABC News. "I need to be able to build an enterprise behind them to process the migrants that we encounter each and every day."

Reuters reports that migrants are gathering at various parts of the border from Texas California. 

“At a towering wall dividing San Diego, California, and Tijuana, Mexico, hundreds of migrants have been jumping across in recent days, waiting to turn themselves in to U.S. agents,” the article stated.  

And NBC News reports that immigration authorities and groups that help immigrant families encouraged migrants to turn themselves in at processing centers to be “processed by CBP officials and placed on the correct immigration path.”


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