The termination of Title 42 will mark both the close of a contentious legal battle and the dawn of a new political one, in which the administration’s migration policies will be tested once more
An administration official, when asked about steps DHS is taking to prepare, directed POLITICO to itsannounced earlier this year, as well as its efforts to counter cartels and human smuggling networks. The plan focuses on “surging resources” — like personnel, transportation, medical support and facilities to support border officials — strictly enforcing border laws, increasing Customs and Border Protection processing efficiency, and bolstering capacity of non-governmental organizations.
In requesting a five-week delay, the DOJ said the Department of Homeland Security needed the extra time to find resources to prepare for the transition from Title 42 to Title 8 processing. Both the Trump and Biden administration appeared to rely on Title 42 to limit the flows of migrants to the U.S.-Mexico border for reasons having little to do with the spread of Covid., while the Biden White House tried to end the program earlier this year, only to be stymied by a Louisiana-based federal judge acting on a lawsuit brought by 24 Republican-led states.
Expanding the use of detention on people arriving at the border is “highly contentious,” Chen said. “It is a system that is very much lacking in adequate oversight to ensure that people are treated humanely.” Administration officials always knew Title 42 would come to end at some point, and preparations were underway, said Angela Kelley, who served as Mayorkas’ senior counselor on immigration until May and is now chief adviser for policy and partnerships at the American Immigration Lawyers Association. Some of this planning appears evident in the data.
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