Department of Homeland Security Secretary Alejandro Mayorkas said Tuesday there would be a surge in migrants at the U.S.-Mexico border when Trump-era policy Title 42 ends in less than a month.
The policy is set to end on May 11.
Migrant encounters topped 1.2 million at the southern border between October and March, according to U.S. Customs and Border Protection (CBP).
“We do anticipate a surge in the number of encounters at our southern border,” Mayorkas told Senate Homeland Security Committee Chairman Gary Peters during a hearing Tuesday.
“The overarching approach of this administration is not only to invest of the countries of origin, but, given the reason why people flee their homes, whether it’s a more authoritarian regime, persecution by reason of an individual’s membership in a particular social group, increasing violence, poverty, corruption, what we are doing is building lawful pathways so individuals do not need to place their lives and their life savings in the hands of ruthless smugglers who only seek to exploit them for profit, at the same time, delivering a consequence for those individuals who do not avail themselves with the lawful pathway we provide,” Mayorkas said.
President Joe Biden set the expiration of the COVID-19 emergencies, including Title 42, for May 11.
The agents working the frontlines of the southern border had said they had minimal instructions about handling an expected surge of illegal immigrants come Title 42’s end and were just being told to ‘mentally ready’ themselves for the worst.
With Title 42 in place, U.S. Customs and Border Protection has had record migrant encounters, with more than 2.3 million in fiscal year 2022 and more than one million between October and February.
What Is Title 42?
Title 42 is a section of the United States Code of Federal Regulations that allows the U.S. government to expel migrants at the border during a public health emergency. The Trump administration invoked Title 42 in March 2020 to expel migrants who crossed the U.S.-Mexico border during the COVID-19 pandemic. The Biden administration has continued to use Title 42, expelling over 2 million migrants since taking office.
Title 42 has been controversial, with critics arguing that it violates U.S. and international law and that it is being used to deny migrants their right to seek asylum.
Here are some key things to know about Title 42:
- Title 42 is a section of the United States Code of Federal Regulations that allows the U.S. government to expel migrants at the border during a public health emergency.
- The Trump administration invoked Title 42 in March 2020 to expel migrants who crossed the U.S.-Mexico border during the COVID-19 pandemic.
- The Biden administration has continued to use Title 42, expelling over 2 million migrants since taking office, but policy changes, created surges with migrants at the border.
- Title 42 has been controversial, with critics arguing that it violates U.S. and international law and that it is being used to deny migrants their right to seek asylum.
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