Despite the public health rule, the Biden administration has allowed hundreds of thousands of migrants into the country to face deportation proceedings, mostly families with young children. The Trump administration also allowed in large numbers of migrants during a spike in migration in 2019. Many new arrivals apply for asylum, a process that can take six to eight years but that allows them to wait in the United States for a decision.
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- At the Border: Gov. Greg Abbott of Texas hoped to crack down on smuggling with safety inspections. Facing snarled traffic and political backlash, he had to backtrack.
- ‘Remain in Mexico’ Program: The Supreme Court is hearing arguments over whether the Biden administration can end a policy forcing asylum seekers to await approval in Mexico.
- Undocumented Immigrants: As it ends contracts and looks to reduce bed capacity at detention facilities, the government appears to be moving away from incarcerations.
- Trump-Era Policies: President Biden vowed to unravel Trump-era immigration rules. Disagreements inside the White House have complicated that effort.
Title 42 gives Border Patrol agents the authority to expel people without asking whether they are afraid to return to the country they came from, a process that takes significantly longer.
Lifting the rule, critics say, will lead to a collapse of operational control along the southwest border.
When it was put in place at the beginning of the pandemic, the end was presumed to be in sight for the public health emergency, which would trigger the lifting of the rule. It has been long assumed that lifting it would drive up the number of undocumented migrants crossing the southwest border.
Earlier this year, the Biden administration was under intense pressure from Democrats to lift the rule, since the pandemic had reached a phase with relatively few hospitalizations and cases of serious illness.
At the end of March, the Department of Homeland Security released a 16-page operations plan for the southwest border that laid out how the government would respond to an increase in migration; the plan said officials were preparing for as many as 18,000 migrants a day.
Days later, the Centers for Disease Control and Prevention announced it would lift the emergency rule later this spring, drawing outrage from Republicans as well as some Democrats whose seats are vulnerable in the midterm elections.