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Questions on Biden's Border Strategy, Title 42 Expires: Legal Woes Loom

  • Posted on May 13, 2023
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  • By Top Stories
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The administration is facing a record number of migrants at the US-Mexico border, leading to strained resources and infrastructure. Republicans criticize Biden

The US has lifted COVID-19 border restrictions that prevented many migrants from entering from Mexico. This was replaced by a new asylum regulation aimed at discouraging illegal crossings. However, last-minute court actions have created uncertainty about how the new policies will be implemented. The American Civil Liberties Union has challenged the new asylum bars, arguing that they breach US laws and international agreements.


Supporters of President Joe Biden's new regulation, which aims to reduce illegal border crossings, have faced criticism for its perceived similarity to the restrictions put in place by his Republican predecessor, Donald Trump. As a result, several rights groups have challenged the regulation in court, arguing that they successfully blocked similar Trump-era rules and should do the same in this case.


However, U.S. Homeland Security Secretary Alejandro Mayorkas has defended the new regulation, stating that it seeks to encourage migrants to use legal entry pathways rather than resorting to illegal methods. Mayorkas has emphasized the importance of promoting safe and legal immigration, and has suggested that the new regulation will help achieve this goal.


The US has lifted COVID-19 border restrictions that prevented many migrants from entering from Mexico. This was replaced by a new asylum regulation aimed
A waiting game. (Photographer: Patrick T. Fallon/AFP)


In an interview with MSNBC, an individual expressed that the transition ahead would be difficult. This comes as chaotic scenes have been witnessed at the U.S. border, with migrants attempting to enter the country before the expiration of Title 42 and the implementation of a new rule.


The new regulation states that most migrants are not eligible for asylum if they did not seek protection in other countries they passed through or if they did not use legal pathways for entry, which President Biden has expanded.

In recent days, thousands of migrants have resorted to crossing rivers, climbing walls, and scrambling up embankments to reach U.S. soil, hoping to be processed before the deadline. Some have turned themselves in to border officials, while others have tried to cross the border without being detected.


The Biden administration has continued and expanded Title 42, resulting in the expulsion of over 2.7 million migrants. Only certain nationalities are accepted by Mexico, so around 2.8 million migrants were allowed to enter the US under Title 8 to pursue their immigration claims. 


In an interview with MSNBC, an individual expressed that the transition ahead would be difficult. This comes as chaotic scenes have been witnessed at the U.S. border
U.S. Secretary of Homeland Security Alejandro Mayorkas is seen during a White House press briefing. (Jonathan Ernst. Reuters)


The administration is facing a record number of migrants at the US-Mexico border, leading to strained resources and infrastructure. Republicans criticize Biden for easing Trump's policies, while Biden blames Congress for not passing comprehensive immigration reform. 


US Homeland Security Secretary Alejandro Mayorkas has issued a statement warning migrants not to believe the lies of smugglers, stating that the US border is not open. Some migrants rushed to cross the border before the May 11 deadline, resulting in daily apprehensions rising above 10,000 and detention centers reaching capacity. 

In response, agents began releasing some migrants without a notice to appear in immigration court, but a federal judge in Florida blocked this practice. Mayorkas stated that most individuals would be removed, but those who are not will be screened and vetted before being released ahead of legal proceedings when Border Patrol holding facilities are too crowded, as has been the practice in previous administrations. The Department of Justice is considering its options in response to the Florida ruling.


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