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Mexico will continue taking Cubans, Haitians, Nicaraguans and Venezuelans rejected from the US border when Title 42 expires next week, according to an announcement by the Mexican government.

The landmark agreement was announced nine days before the end of Title 42, the federal pandemic era policy which allows US Border Patrol to kick out migrants to Mexico without hearing their asylum claims.

The move will come as a blow to migrants who have been camped out on the Mexican side of the border awaiting the expiration of Title 42 as they felt it would mean they could freely cross into the US.

As part of the deal, Mexico has agreed to continue taking 30,000 migrants a month from each of the four countries.

The US has trouble deporting many migrants to those countries because of its troubled — and in some cases non-existent — diplomatic relations with them according to a press release issued by Mexican officials.

It’s up to Mexico to accept citizens from countries other than their own ejected from the US.

“At no point in US history has there ever been another country which would take large numbers of deportations from the US of people who aren’t nationals of that country,” Aaron Reichlin-Melnick of the American Immigration Council tweeted.


  Migrants gathered by the border wall after crossing into the United States from Mexico on May 3, 2023. New York Post Migrants gathered by the border wall after crossing into the United States from Mexico on May 3, 2023. New York Post

In exchange, Washington will continue to allow 30,000 migrants a month from the same countries through the humanitarian parole program that has been created for them, which started in January.

In order to qualify, migrants must apply online, have a sponsor in the US and cannot cross into the country illegally.

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.

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However, migrants who talked to The Post last month said they tried to use the app set up to apply online but it had failed, then turned themselves in at the border without meeting the requirements and still been admitted.


  Migrants standing in line for donated meals at Sacred Heart Church in El Paso, Texas on May 2, 2023. James Keivom Migrants standing in line for donated meals at Sacred Heart Church in El Paso, Texas on May 2, 2023. James Keivom

  Mexico has agreed to a deal with the US to take ejected Cubans, Haitians, Nicaraguans and Venezuelans after Title 42 is lifted. James Keivom Mexico has agreed to a deal with the US to take ejected Cubans, Haitians, Nicaraguans and Venezuelans after Title 42 is lifted. James Keivom

Maria Jose, of Venezuela, said: “It’s a thing of luck. You see single men get through or single women, then a family with kids will get expelled.”

The Biden Administration has also agreed to allow up to 100,000 migrants from Honduras, Guatemala and El Salvador into the US through a newly-announced family reunification parole process.

The pact forged with America’s southern neighbor would give the US a powerful tool to deter asylum-seekers from those countries from crossing the border illegally — with the threat that they would be returned south of the border.

However, when Title 42 ends, the US could see as many as 13,000 migrants cross the international boundary a day, according to Texas Gov. Greg Abbott.

It is unclear what will happen after 30,000 migrants have been sent back to Mexico in a month if more continue to cross over into the US.

Many asylum-seekers who had been waiting in Mexico for weeks or months have already started to trickle into the US, overwhelming border cities from San Diego, California on the West Coast to Brownsville, Texas — the most easterly point of the southern border with Mexico.

The crush of migrants expected at the border prompted President Joe Biden to send 1,500 active-duty soldiers to the border to assist federal immigration agents.

“We need all the help we can get,” Former El Paso Mayor Dee Margo told The Post Tuesday.


  Migrants in a tent outside of the Opportunity Center for the Homeless in El Paso on May 2, 2023. James Keivom Migrants in a tent outside of the Opportunity Center for the Homeless in El Paso on May 2, 2023. James Keivom

The West Texas city is currently ground zero for the border crisis and declared an emergency ahead of Title 42 ending May 11, as over 1,000 people a day hand themselves into authorities.

“The manpower for [US Customs and Border Protection] is insufficient,” Margo added.

“They’re recognizing that they’re going to need this.”

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