Biden Administration Announces Plans to End Title 42

Dems split response to Biden's move to repeal the Trump-era immigration policy known as Title 42

Evening shot of the border wall between the United States

and mexico in Santa Teresa New Mexico

On Friday April 1, the US Centers for Disease Control and Prevention announced that effective May 23, the Biden Administration will end the Trump-era pandemic restrictions that blocked migrants from entering the United States. These pandemic restrictions, also known as Title 42.

What is Title 42 and When Was it Put into Place?

Title 42 is a World War II-era public health law that authorizes U.S. border officials to swiftly deport migrants. It grants the government the "power to prohibit, in whole or in part, the introduction of persons and property" in order to stop a contagious disease from spreading throughout the United States.

On March 20, 2020, at the start of the Covid-19 public health crisis, Former President Trump introduced a measure to prevent "mass uncontrolled cross-border movement." This was a move that would be stricter than any of the previous immigration border policies his administration introduced.

That same day, CDC Director Robert Redfield officially invoked Title 42. This order Redfield signed stated that these deportations were critical to control the spread of Covid-19 at border facilities, protect U.S. agents from being infected with the virus and preserve medical resources. Redfield initially declared this order for 30 days, then extended it for another month through April and then extended it one more time until May 2020.

When President Biden came into office, he made some changes to U.S. border policy in general. However, his administration, for over a year has maintained this Trump-era border restriction of Title 42 until now.

According to U.S. Customs and Border Protection (CBP), from March 2020 to February 2022, Title 42 has led to the expulsion of more than 1.7 million migrants and asylum seekers.

Democrats Split Response to Biden Revoking Title 42

In face of the administration's announcement of the end of this Trump-era immigration policy, comes backlash from not just Republicans, but also some Democrats.

In fact, this Biden administration decision has caused a fractured response from Democratic lawmakers, advocates and the administration itself. Progressives and immigration advocates praised Biden's decision, arguing that the decision is one that has been long overdue, pointing to Biden's promise to end the rule back during his 2020 campaign.

Senate Majority Leader Chuck Schumer (D-N.Y.) is one leading critic of the Biden administration's upholding of Title 42. He has even privately pushed the White House to end Title 42.

On March 10, Schumer spoke out on this matter in a press call to pressure Biden to end this rule.

“Title 42 has been nothing short of disastrous for immigrant families seeking asylum from the horrors in their own countries,” Schumer said. “It is unacceptable that this policy continues to be used indiscriminately to remove migrants with valid refuge claims from our Southern border.”

On the other hand, moderate Senate Democrats have outright disapproved of this decision, arguing rather that the administration is not ready to handle a surge of migrants at the Southern border. They also say this surge is inevitable when Title 42 is revoked.

Senator Mark Kelly (D-AZ) publicly spoke out against this decision stating, "it’s unacceptable to end Title 42 without a plan and coordination in place to ensure a secure, orderly, and humane process at the border."

Senator Kyrsten Sinema (D-AZ) also disapproved of this decision saying that the decision to end this policy “despite not yet having a comprehensive plan ready shows a lack of understanding about the crisis at our border.”

Dispute Threatens to Delay COVID Relief Package

In addition to these arguments for and against the end of Title 42, also comes demands from GOP senators for votes on amendments to the legislation that would ultimately revoke Biden's move and rather reinstate Title 42.

Now with this new fight also comes the hold up of a $10 billion compromise Covid-19 bill. The bill is now stalled in the Senate amid disputes over the end of Title 42. The White House's Covid-19 requested money could be delayed for weeks.

Schumer spoke out against Senate Republicans and their push for an amendment to reinstate Title 42.

"Senate Republicans blocked a mere debate on Covid aid, knowing full well the consequences for the American people," Schumer said on the floor Wednesday.

Three States Sue the Biden Administration

Biden sits in Oval Office signing a series of orders at the White House

Meanwhile, on April 4, three republican-governed states took moves to sue the Biden Administration in response to its decision to revoke Title 42. Those states include Missouri, Arizona and Louisiana.

These states argue that ending the pandemic-era restriction would result in "an unprecedented crisis at the United States' Southern border."

What Now?

Today, Greg Abbott, Governor of Texas (R), announced new policies due to Title 42.

During a Facebook live today, as well as a tweet, Abbott announced that Texas will now be taking "unprecedented action to secure our state [Texas] and country."

These actions, as he stated, include "enhanced vehicle inspections at points of entry, charter buses to send illegal immigrants to DC and boat blockades."