Causes.com
| 4.15.22
Biden Admin's Decision to End Use of Title 42 at the Southern Border Draws Bipartisan Criticism
Do you support or oppose Biden ending the use of Title 42 at the Southern Border?
What’s the story?
- The Biden administration recently announced that it will end the use of Title 42 at the Southern border on May 23rd, which will end the ability of Customs and Border Protection (CBP) to quickly process and expel unauthorized immigrants who have been detained trying to enter the country illegally.
- The move comes amid a historic surge of illegal immigration at the Southern border, where apprehensions are on pace to double the all-time record set in fiscal year 2021. Officials from the Dept. of Homeland Security (DHS) have warned that as many as 18,000 apprehensions at the border daily if Title 42 is lifted ― which would be a huge increase compared to recent months as February averaged over 5,800 daily apprehensions.
- Biden’s announcement has sparked a bipartisan push to block the administration’s change from taking effect, including an effort to hold an amendment vote on the issue prior to the passage of a $10 billion COVID-19 relief bill.
What is Title 42?
- Title 42 was originally enacted under the Public Health Service Act in 1944 to give the federal government the authority to quarantine people entering the U.S. to prevent the spread of communicable diseases into the country. It gives the government “the power to prohibit, in whole or in part, the introduction of persons and property” from any foreign country where “any communicable disease” could threaten domestic public health.
- The Trump administration began to use Title 42 amid the onset of the COVID-19 pandemic in March 2020 to allow Customs and Border Protection (CBP) to bar non-citizens who enter the U.S. illegally or are otherwise inadmissible. It was extended in October 2020, then the Biden administration revised and extended its use in August 2021.
- In practice, this means that CBP quickly processes unauthorized immigrants apprehended at the Southern border without an asylum screening then expels them back to Mexico through the nearest point of entry. Title 42 doesn’t apply to certain foreign nationals and family groups whom Mexico declines to accept upon expulsion, so those groups are either held in CBP custody or are released pending removal proceedings in court. Similarly, unaccompanied children aren’t processed under Title 42 and are held in custody or released to family members in the country.
What they’re saying
- White House Press Secretary Jen Psaki sought to downplay DHS projections that up to 18,000 apprehensions could occur daily if Title 42 is lifted and argued at a press briefing this week that immigration enforcement agencies would be able to put unauthorized immigrants through court proceedings quickly while they’re released under the Alternatives to Detention program:
“Well, “up to.” And we’ll see what happens. And, obviously, we’re taking steps to convey that this is not the time to come. Individuals who come to the border ― this is what would happen: CBP and ICE would work together to ensure that anyone who enters the country without authorization is put into immigration proceedings as quickly as possible. CBP has been working with ICE to ensure individuals awaiting processing in the interior of the country would be monitored under the Alternatives to Detention program. We know that, to date, nearly 80% of non-citizens waiting in the interior under prosecutorial discretion have either received a notice to appear or are still within their window to report. That is what would happen”
- Sens. James Lankford (R-OK) and Kyrsten Sinema (D-AZ) are leading a bipartisan effort in the Senate to block the administration from ending the use of Title 42 at the border along with Sens. John Cornyn (R-TX), Shelley Moore Capito (R-WV), Maggie Hassan (D-NH), Mark Kelly (D-AZ), Joe Manchin (D-WV), Rob Portman (R-OH), Jon Tester (D-MT), John Thune (R-SD), and Thom Tillis (R-NC). Lankford explained:
“The Biden Administration is declaring the pandemic over on our southern border but still active on our healthcare workers, military, and travelers. Department of Homeland Security intel projections show that potentially a million people will illegally cross the moment Title 42 is lifted. But instead of a workable replacement plan, the only plan the Biden Administration seems to have is moving people faster into the interior of the country. They cannot have it both ways. If they think it’s safe enough to lift Title 42 at the border, then it must be safe enough to lift the COVID-19 state of emergency on the whole country. But when we drop Title 42 at the border, DHS must also implement a workable solution to expel migrants.”
- Sinema added:
“Arizona communities bear the brunt of the federal government’s failure at our border, so we’re stepping in and protecting border communities by ensuring the Administration works hand-in-hand with local leaders, law enforcement, and nonprofits to put a comprehensive, workable plan in place before lifting Title 42. I’ll continue pushing for transparency and accountability from the Administration to help secure the border, keep Arizona communities safe, and ensure migrants are treated fairly and humanely.”
- In the House, Reps. Jared Golden (D-ME) and Tony Gonzales (R-TX) introduced a bipartisan companion bill backed by a number of other centrists, including Reps. Don Bacon (R-NE), Brian Fitzpatrick (R-PA), Tom O’Halleran (D-AZ), Stephanie Murphy (D-FL), Maria Elvira Salazar (R-FL), and Greg Stanton (D-AZ).
— Eric Revell
(Photo Credit: CBP Office of Public Affairs photo by Kris Grogan via Flickr / Public Domain)
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Are we not a nation that respects the rule of law?
Title 42 is a public health measure which was used to justify deportation of tens of thousands of immigrants acting in accordance with our country's laws to apply for political asylum. The trump administration used the status of the pandemic as a means to forcibly deport legal asyslum seekers instead of offering quarantine fscilities or medical treatment, which would hsve been about as cost effective as manually deporting them.
The risks to the general population today are markedly less due to vaccinations, oral meducations snd improved medical care. The CDC has said that the Titie 42 health restrictions no longer apply and Biden, keeping a campaign ptomise, is following the scientific guidance - so there is no longer any legal basis to deport immigrants based on Titie 42 restrictions.
The lack of regard for the rule of law, often used as a weapon by Republicans and Corporate owned Democrats like Manchin is s sickening disregard fir what they profess to believe when it suits them- those who are screaming that Titie 42 should not be rolled back in order to control immigration, even though controlling immigration was not the legal rationale for invoking Titie 42 in the first place. Hypocrites!
If Joe Manchin is concerned that thus will increase border immigration problems, let him lead the charge for realistic immigration legislation to streamline and better manage the process. Either that or get Republicans and Manchin to bipartizanly psss an assylum seeker enforced cruelty law to keep the numbers done.
I am so sick of the self-serving a-hole politicians who, in their arrogance of ignorance, think that the electorate cannot seem them for what they are: afraid. Afraid of change, afraid to tell the truth, afraid to honestly confront the issues of the day, make loud demands and claims because they are afraid to be understanding or compassionate, afraid to loose their base, afraid to lose the support of their benefactors, afraid of loosing marketable political influence, and basically afraid to actually govern for the benefit of the people and the long term good of the country.
Title 42 needs to be ended, not only for the refugees from the south of our borders, but those asylum seekers from Ukraine.
If immigration is a problem, Congress you have the power to do something about this...but have failed for years to put a policy in place.
Our neighbors to the south have problems. If you look closer you'll discover the US had something to do with the creation of those problems. It's time we help fix those root causes! Doing so helps us be a better neighbor AND eliminates are growing immigration problem.
Or, do nothing but rant & rage. Spewing hate never solves problems.
If Biden wants to end this public health measure combating COVID, then why is the requirement to mask 2-5 year olds still a policy in New York, masks required on public transportation, why does Philadelphia once again require masks to be worn indoors?
The border needs to be closed to allow those who legally request entry into the US. This administration does care about the American public only looking for increased numbers to keep them in power. If nothing else the invasion of Ukraine should be an eye opener for those who believe in one party rule and it's ramifications that lead to a dictatorship.
Congress needs to act now to stop this unhinged invasion of our southern border.
The Southern border only accounts for 10% of US unauthorized immigration as 90% arrive at airports and overstay their visas.
For better control of the 10% arriving at the Southern Border, the Final Asylum Rule to quickly determine who qualifies for asylum and return the rest needs to be in place before removing Title 42. Timing is everything in the removal of Title 42.
The Final Asylum Rule will be implemented in late May 2022 which will authorize asylum officers to accept or reject migrants' claims for protection soon after they cross the border, instead of months later in backlogged U.S. immigration courts. This way only qualified immigrants stay in the US and the rest are immediately are returned.
There is no question that implementing Title 42 significantly slowed immigration which never existed in the US until the 1924 Immigration Act to restrict immigration to just white and Protestant using a quota system backed by US nativists and white supremacists especially the KKK.
Likewise removing Title 24 will increase immigration from 7K/day to 18K/day unless the Final Asylum Rule is in place.
Watching how well Poland has handled this absorbing 10% of their population in a few weeks should be a lesson to the US.
Immigration Issues:
1) Unauthorized immigration has stabilized at 10M from a high in 2007 of 12M as apprehension numbers increase and people lose their unauthorized status by remigrating, marrying or applying and qualifying for legal status
2) Mexican unauthorized immigrants are no longer the majority of unauthorized immigrants
3) Unauthorized immigrants from countries other than Mexico & Central America are on an uptick since 2007.
4) Most unauthorized immigrants (90%) arrive by air and overstay their visas are not from Mexico or Central America so hyperfocusing on the Southern border is a waste of time.
5) 2/3rds of unauthorized immigrants have lived in the US for 10+ years. Recently arrived is less than 20% which further supports that increasing apprehension rates are effectively controlling those attempting unauthorized entry especially Mexico which is less than 8%. Department of Homeland Security (DHS) released a report (2016) of Entry/Exit Overstay Report, showing estimates of overstays, by country, for the 50M nonimmigrants that DHS had not verified departures which are 25X the number of apprehensions at the Southern border.
Southern Birder Apprehension rates:
1) encounters numbers are high but the number of individuals is lower because 1/4 are repeat crossers
2) most are from countries other than Mexico with the highest number from politically unstable countries escaping the violence - in rank order (Ecuador, Brazil, Nicaragua, Venezuela, Haiti, Cuba). Since 2008 more Mexicans leave the US than arrive.
3) largest number of encounters are single adults
4) highest number of encounters in Rio Grande Valley
5) peak pattern shifted from March with seasonal workers to July during peak heat.
6) most illegal immigration does not cross at the Southern border. Most come here legally on visas but overstay their visa (600K of 700K overstay their student, travel, work visas).
Immigration History:
-1924 Border control established during prohibition to control guns and alcohol and stop Asian immigrants coming through Mexico. Asian immigrants 1st group to be seen as illegal based on the Chinese Exclusion Act (1882) resulting in deportation but not criminalization.
-1924 Immigration Act to restrict immigration to just white and Protestant using a quota system backed by US nativists and white supremacists especially the KKK. -1929 US passes legislation to criminalize undocumented Immigration. Before that border was open, most entered through east coast ports from Europe. It was passed to restrict entry of Mexicans at the Southern border by Nativists and white supremacists as well to stop Mexican refugees from the 1920 Mexican Revolution and the quota system did not include any Central or South American countries.
-1929 Section 1325 of Title 8 in the U.S. Code passed as a compromise to all Mexicans to cross at official border points to work as labors but required to register, pay expensive fees, and to submit to delousing with kerosene.
-1941-1945 Section 1325 relaxed for war time labor needs. -1942-1964 Bracero Program to bring 300,000 Mexican guest workers for short-term agricultural projects. Still didn’t criminalize illegal immigration to avoid spending money & resources in courts. -1960 Mexico discourage emigration to the US
-1970s Mexico encourages immigration to US to solve high unemployment & population growth
-1970 to 2000 approximately 1M illegal immigrants a year were apprehended crossing the southern border which occasionally spikes due to events occurring in Central & South America. Approximately 2/3rds were single adults, and many were repeats having previously been returned.
-2000 apprehensions rose to 1.7M, and approximately 2.1M successfully entered illegally.
-2001 George W. Bush criminalizes illegal immigration which has been maintained by all subsequent Presidents (Clinton, Obama, Trump, Biden).
-2008 More Mexicans return to Mexico from the US than arrive in the US
-2008 recession and the increase in Border Agents under the Bush Administration apprehensions dropped to 1M/year.
-2014-2019 Unaccompanied minors & families exceed the number of single adults
-2018 Trump Administration (Sessions) implements zero tolerance refers all unauthorized immigration to criminal prosecution separating 2000 children from families because their parents are now criminals and places them in HHS care.
-2021 Biden administration continues to expel 2/3rds of the people illegally crossing the border, allowing only unaccompanied minors and some families to stay resulting in fewer people being admitted to the US in 2021 than 2019. These issues remain unresolved and are why immigration legislation needs to be updated. If the goal is illegal immigration then tracking those that overstay their visa will cut down more on illegal immigration.
https://www.reuters.com/world/us/us-unveils-rule-speed-up-asylum-processing-deportations-border-2022-03-24/
https://www.dailymail.co.uk/news/article-10617003/Ukrainian-refugees-turned-AWAY-southern-border-Biden-carried-Trumps-Title-42-policy.html
www.pewresearch.org/fact-tank/2021/04/13/key-facts-about-the-changing-u-s-unauthorized-immigrant-population/
www.pewresearch.org/fact-tank/2021/08/13/migrant-encounters-at-u-s-mexico-border-are-at-a-21-year-high/
www.pewresearch.org/fact-tank/2021/11/09/whats-happening-at-the-u-s-mexico-border-in-7-charts/
www.statista.com/chart/16701/visa-overstays-outnumber-illegal-crossings/
https://cmsny.org/publications/jmhs-dhs-visa-overstays/
https://www.rollcall.com/2019/02/01/border-wall-debate-ignores-biggest-source-of-illegal-immigration-visa-overstays/
https://www.americanimmigrationcouncil.org/rising-border-encounters-in-2021
Cummins, Jeannie (2020), “American Dirt”, Flat Iron Books.
https://www.history.com/news/illegal-border-crossing-usa-mexico-section-1325
www.americanbar.org/advocacy/governmental_legislative_work/priorities_policy/immigration/familyseparation/
https://news.stanford.edu/2018/05/14/analyzing-undocumented-mexican-migration-u-s-1970s/
https://www.npr.org/2019/01/10/683662691/where-does-illegal-immigration-mostly-occur-heres-what-the-data-tell-us
https://www.reuters.com/world/americas/us-border-arrests-top-1-million-fiscal-year-2021-2021-06-25/
The Latest from PolitiFact
Democrats are not pouring across an open border. Ohio Senate candidate J.D. Vance said that "Joe Biden’s open border" means that there are "more Democrat voters pouring into this country." We rated this False. The border is not open. The majority of immigrants encountered by border agents have been expelled recently by the use of a public health order put in place by Trump. Even when that order, Title 42, is lifted in May, that won’t create an "open" border — the federal government will respond to immigrants arriving in the U.S. illegally using its laws and decades-old processes that include removal, court hearings and, for those who are eligible, the asylum process. Only U.S. citizens can vote in federal elections, and proven incidents of noncitizens casting ballots are rare. Even migrants who cross the border now and go through the process of gaining citizenship won’t be able to vote for over a decade or longer.
Anyone who supports this is crazy! We can not take on anymore! The majority of Americans are struggling and we are the ones that foot the bill! If Biden's administration wants them, they should FULLY FUND OUT OF THEIR POCKETS!
we are headed for a recession and these idiots just add more and more BS to the pot! VOTE REPUBLICAN TO SAVE AMERICA 🇺🇸
That is stupid if we want to control our boarders!
Why do Senators let Mayorkas come before Senate and LIE!? The border is NOT secure in ANY way! He has INTENTIONALLY, KNOWINGLY spread 2 MILLION with Covid, measles, mumps, MS13 & criminals across the USA, but not to where HE lives or Biden vacations every weekend. Ask Govs Abbott, DeSantis & Ducey to find out the cities Mayorkas, Becerra, John Tien, Buttigieg, Granholm, Nadler, AOC & a few other prominent democrats live and bus the apprehended illegals to those cities. Also the two towns in DE where Biden has homes & goes to EVERY weekend.
Ask Sec Mayorkas what percent of illegal aliens crossing the border have PROOF of receiving 3 Covid vaccinations, Mumps & Polio vaccinations? Why don't you know, this falls DIRECTLY under Title 42!
Ask Sec Mayorkas what words in the Immigration laws is following when he transports illegals aliens, who don't have proof of all Covid shots across our country? While I a US citizen has to show proof of 3 shots AND pay for a PCR test just to vacation in Hawaii.
Please ask Secretary Mayorkas what exact words in the Immigration laws he is following when he allows ANYONE from ANY country (164 so far) who wade across the river ILLEGALLY to come in and STAY in the USA.
Ask Secretary Mayorkas WHO decides what cities to transports the illegals aliens to? Ask Sec Mayorkas how many illegals aliens have been transported to the city where HIS family lives. Ask Mayorkas why NONE! Demand a list of all the cities and how many have been sent to each.
Please ask Secretary Mayorkas EXACTLY how many illegals aliens have been transported to the Hampton's, Beverly Hills, Malibu, Honolulu, McLean VA, Greenville & Wilmington DE where Biden has homes. Ask Secretary Mayorkas why NONE!
Please ask Secretary Mayorkas if the Horse Border Patrol agents have been cleared of whipping yet? If so has he apologized to them for condemning them? When will he? If not, what is taking so long to clear them?
Please ask Secretary Mayorkas to explain how he says "the Border IS secure" when ANYONE from ANY country (164 so far) who crosses the border ILLEGALLY is welcomed, given food, water, medical, housing and allowed to stay in the USA???
Please ask Secretary Mayorkas EXACTLY WHO gives him his orders? Is it Susan Rice, Valerie Jarrett, Ron Klain, Neera Tanden, Kate Bedingfield or Joe Biden, WHO?
Since Joe Biden took office, 42 people on the terrorist watch-list have been apprehended attempting to enter the US. Ask Mayorkas how many got-aways in past 15 months? And what % of those could be terrorist?
Ask Sec Mayorkas if ALL funds that have already been appropriated from past Bills has been totally spent.
Ask Sec Mayorkas if all the money spent on transporting illegal aliens across the country was appropriated for that purpose in his previous budget, how much? If not, where did he take the money from and by what authorization.
Ask Sec Mayorkas why 1.1 MILLION illegals, who the Court has Judicated that they can NOT stay in the USA, have not been returned? When will they?
This was a Mille/TRUMP measure Huge wrong.
Biden is an idiot and needs to protect our boarder.
I guess Repuglicans need some HELP with counting! A Million here, a Billion there. What's the big difference, right? Maybe it's time to stop burning all those books.
'Rep. Debbie Lesko (R-Ariz.) raised eyebrows on Tuesday when she tweeted a dramatic exaggeration of the immigration situation on the U.S.-Mexico border.
“Border Patrol agents have apprehended more than 1,000,000,000 migrants at our southern border in just 6 months,” she wrote on Twitter. “President Biden’s open border policies are fueling this crisis!”'
https://www.yahoo.com/news/gop-lawmakers-basic-numbers-gaffe-062208015.html
Sweeping powers to organizations like CBP tend to do more harm than good. Greed, corruption, and inhumane behavior thrive in environments that this creates. Time to end it and find a better way.
When will congress fix this? I left my former country to get away from this. Time to fix it, protect our way of life.
Change laws. Don't allow new residents to ignore the law.
Impeccable offense not protecting the border and the American people. Get ready Jan 23 to get your bags pack you criminal.
Those favoring throwing all the doors open to illegal entry are out of touch and need to focus on another topic. Dodging the facts and testimony of those physically working the border is selective reasoning - in support of the incompetent Harris-Biden admin. I have yet to see where any of you that favor open borders (and that's what this is) have stepped up and expressed an offer of shelter for these illegals. What? Speak up. Time to put your money where your mouth is. We're full and can't afford anymore, especially with the looming recession.
Frank & Andy are dead wrong about us Republicans having no agenda & so much else I'm also pretty d--n tired of the left constantly lying about us. As for hate, nobody has shown more of it than you lefties, so spare us your BS. TY
Trump put this into effect! NUF SAID?!?!
What will it take for Biden to even ACKNOWLEDGE the crisis at the border? He doesn't visit - he doesn't care - he doesn't even report ANYTHING - good for Texas and sending the illegals to DC - frankly, send a couple of buses to Delaware - Biden's inability to solve anything is astounding
Biden is an idiot. We are concerned about Covid and masks are required on all public transportation. Yet it is of no concern at the boarder.
Stop this illegal immigration and drug and spreading illness from these boarder crossings.
Rotting fruit, spoiled vegetables: How Texas just made the supply chain even worse
starts with a rotten governor who has no inkling of governance, morally and intellectually bankrupt
In Case nobody's noticed what's happening in Florida the Nazi governor Ron DeSantis has begun burning books, he has now been 40 math books from school. If this isn't a page right out of Nazi Germany in the 1940s I don't know what it is. DeSantis is absolutely out of his mind.
UPDATE [4-17-22]: Covid is still circulating with ~500 deaths/day in the US and Omicron BA.2 sub variants ramping up. Will take a couple of weeks to see how severe (hospitalizations, deaths) this variant and sub variants are.
BA.2 cases surging in parts of Asia and Europe, are now surging in the US, in New England, it now makes up about 55% of new infections, compared with 39% the week before. NY and NJ it now accounts for 48% of new cases.
Covid is far from over. As long as the World remains unvaccinated or under-vaccinated with ineffective Chinese vaccines (China donated 7.8B doses worldwide), new variants will continue to emerge and circulate.
So far mRNA vaccines have worked by using boosters of the same formulation.
Unvaccinated, but recovered from Covid are 3x more likely to be reinfected with the Omicron variant and subvariants than they were Beta and Delta variants.
https://www.webmd.com/lung/news/20220323/ba2-covid-cases-us
https://inews.co.uk/news/health/omicron-can-get-after-delta-covid-immunity-variant-protect-new-strain-explained-1355021
I'm sorry for those of you who are so afraid of immigrants, and I really wish you could see that immigrants are NOT the problem. If only you could motivate yourself to resist the ultra-wealthy who are manipulating our country to so they can avoid taxes and rake in profit off the backs of the middle and working classes, maybe you'd stop voting for more millionaires and their GOP puppets. I do wish we had a better immigration policy and system, but immigrants can make our country better by taking the jobs most of you refuse to do. They're not ruining our country, the wealthy and the GOP are.
This is under the protext of coronavirus, with the vaccination, it needs to be ended.
if you have a problem with immigration, come up with solutions, do not hide behind a policy that was earmarked a pandemic!
that is what Biden and the democrats are pushing for!