A leading left-wing House member from Arizona is sounding the alarm over the looming expiration of Title 42, saying that border communities are “unequipped” to handle the expected flood of illegal crossings.
Rep. Ruben Gallego (D-Ariz), who is challenging Sen. Kyrsten Sinema (I-Ariz.) in 2024, is demanding the Biden administration send more help.
“I’ve heard directly from leaders in our border communities and it’s abundantly clear that they, through no fault of their own, are simply unequipped to handle the surge of migrants that are expected when Title 42 ends,” Gallego said in a statement Thursday.
“They need tangible resources like buses, beds, personnel, and funds to both process asylum claims in an orderly way and keep their communities safe. It is imperative the Biden administration work directly, in real-time, with these communities to support them in every way they need,” he added.
Title 42, which allowed border authorities to expel migrants without first considering their asylum claims, is set to expire on May 11.
Gallego sent off four letters outlining his concerns to President Biden, Homeland Security Secretary Alejandro Mayorkas, House Appropriations Committee leadership, and FEMA Administrator Deanne Criswell.
Arizona Rep. Ruben Gallego warned the Biden administration that border communities are “unequipped” to handle the expected surge in migrants arriving after Title 42 is lifted. AP Photo/Matt York, File
A group of migrants turned themselves in to Customs and Border Protection officers in Brownsville, Texas on May 4, 2023. New York PostBiden announced this week that his administration will dispatch 1,500 active-duty troops to the southern border ahead of Title 42 sunsetting.
The fear is once that policy expires, aspiring asylum-seekers will flood into the United States, overwhelming border communities.
What is Title 42 and what does its end mean for US border immigration?
What is Title 42?
Title 42 is a federal health measure enforced by the US Border Patrol. It allows the agency to kick certain migrants out of the US and return them to Mexico. This includes asylum seekers, who under international law have the legal right to make an asylum claim in America.
Currently, migrants who cross the border illegally and who are from Cuba, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua or Venezuela are subject to Title 42 and could be sent to Mexico.
How did Title 42 start?
President Donald Trump invoked the law in 2020 at the beginning of the COVID-19 pandemic, asking the Centers for Disease Control and Prevention to issue the policy. The Trump administration made the case that keeping migrants out of the country would slow down the spread of infections and maintain the safety of federal agents encountering migrants.
What has happened with Title 42 under Biden?
When President Biden took over, he continued to enforce Title 42 with one important change from his predecessor. Biden said Border Patrol agents were only allowed to expel migrants from certain countries under his direction. That meant migrants seeking asylum from countries like Cuba and Venezuela could still seek asylum if they arrived at the border and stay in the US while their cases were decided in court — unless they had a criminal record.
What is happening with Title 42 now?
Title 42 is supposed to be a health policy, not an immigration law. It will end at 11:59 p.m. May 11, when the Biden administration ends all COVID-19-related policies.
Why is it controversial?
Many have called for the policy’s end, saying it’s illegal and that international law guarantees people the right to seek asylum.
Others, like Texas Gov. Greg Abbott, warn that the southern border could see up to 13,000 migrants per day crossing with the intention to stay in the country when the measure ends.
What would the end of Title 42 mean for immigration into the US?
It’s unclear exactly how many people have been expelled under Title 42 because there have been scores of people who have attempted to enter the country numerous times and been rejected again and again, but the US Border Patrol said it made an all-time high of more than 2.3 million arrests at the border in the last fiscal year. Forty percent of people who were expelled from the country were ejected under the rules of Title 42.
“This deployment will impact my constituents in Arizona and across other border states — there must be transparency,” Gallego wrote to Biden. “I urge you to communicate with all relevant stakeholders, including local and county leaders whose communities would be affected by a surge in immigration.”
In his letter, Gallego requested details including which units will be deployed to the border, where they would be stationed, and how long they planned to stay.
Gallego wrote in a statement that the Biden administration must “work directly, in real-time, with these communities” at the border. Pool/ABACA/Shutterstock
Migrants getting processed at a facility in Brownsville. New York PostHe also asked for Mayorkas and Criswell to coordinate with local officials and for the Appropriations Committee to allocate more funds to address the simmering crisis.
Gallego is challenging Sinema from the left after she switched her party affiliation from Democrat to Independent last December, setting the stage for a three-way election battle.
Sinema, 46, has been much sharper in her criticism of the Biden administration’s handling of the border crisis.
“The already dangerous situation in our border communities is expected to worsen when the Administration ends Title 42 on May 11 without a realistic plan in place to keep Arizona communities secure,” Sinema tweeted Thursday. “For more than a year, I have urged the Administration to prepare for the anticipated surge of migrant crossings when Title 42 ends.
“Not having a workable plan,” she added, “risks the safety and wellbeing of Arizona’s border communities and the migrants themselves.”
