May 11, 2023

Title 42 Ending

Thousands of migrants are crossing into the United States this week before a new regulation takes effect that could bar most who cross illegally from seeking asylum, while others gathered on the Mexico side amid confusion about U.S. policy. The U.S. rolled out a regulation on Wednesday that presumes most migrants are ineligible for asylum if they passed through other nations without seeking protection elsewhere first, or if they failed to use legal pathways for U.S. entry. The new rule is a key part of President Joe Biden's border enforcement plan as COVID-19 restrictions - known as Title 42 - are set to end just before midnight on Thursday.” Reuters

“After more than 11,000 migrants were caught crossing the southern border on Tuesday, the Biden administration is now preparing a memo that will direct Customs and Border Protection to begin releasing migrants into the U.S. without court dates or the ability to track them, according to three sources familiar with the plans… Homeland Security Secretary Alejandro Mayorkas said the migrants who will be affected by the policy represent ‘a fraction of the people that we encounter.’… A DHS spokesperson said the new policy will apply only to migrants who have been carefully vetted.” NBC News

Here’s our prior coverage of Title 42 and the border. The Flip Side

See past issues

From the Right

The right is critical of the administration’s handling of the border, and calls for Title 42 to be extended.

From the Left

The left is divided over the administration’s restrictions on asylum.

The left is divided over the administration’s restrictions on asylum.

A libertarian's take

“The use of Title 42 caused great suffering for little or no benefit. It was also an egregious example of the abuse of ‘public health’ emergency powers for unrelated policy goals… As a public health measure, Title 42 was a dismal failure. The original Covid variant and later ones such as Delta and Omicron all still quickly got into the US and swiftly spread throughout the country, despite Title 42 and other migration restrictions…  

“Public health experts in both the Trump and Biden administrations knew early on that Title 42 had little if any effect on the spread of Covid. But first Trump and then Biden continued the policy for other reasons: Trump as part of his general anti-immigration agenda, and Biden because he hoped it would help curb politically damaging perceptions of disorder at the border.”
Ilya Somin, Volokh Conspiracy

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