Title 42 and what happens next at the border is something we don’t know.


State of the Border: Status and Outlook for the Homeland Security Crisis in the Light of the Trump-Carlengin Entropy Plan

The humanitarian situation on the Mexico side of the border has grown dire, with thousands upon thousands of migrants arriving in anticipation of Title 42’s end.

Immigration authorities used the Title 42 policy to expel almost all migrants they encountered when it began over two years ago, without giving them a chance to ask for asylum or other protections under US law.

According to the document, the surge of resources to the southern border includes the hiring of nearly 1,000 Border Patrol processing coordinators and adding 2,500 contractors and personnel from government agencies – which allows federal agents to focus on field law enforcement duties.

The federal government has also added 10 soft-sided facilities to increase Customs and Border Protection holding capacity by over one-third since 2021, the plan states. The agency says it has more than doubled transportation capacity for detained migrants, as well.

Hundreds of flights and bus routes per week are used to transport non- citizens to Border Patrol sectors for processing and to return them to their home or third countries; we will continue to scale up our ground and air transportation capabilities in light of potential increases.

According to the six-pillar plan, CBP spends 30% less time processing migrants now compared to early last year – which will help mitigate overcrowding of CBP facilities.

“For noncitizens seeking to evade apprehension, repeat offenders, and those engaging in smuggling efforts, we are increasing referrals for prosecutions,” the plan states.

The DHS plans to intensify their targeting of criminal organizations who smuggle migrants and work with non-profit agencies on the border.

The Schumer-Klain Call: Towards a Humane Treatment of the Border Security Crisis and Biden’s Precarity

During the call between Schumer and Klain, the Senate majority leader raised concerns about the administration’s preparation for the looming termination and whether officials were indeed considering a new asylum policy, according to two sources with knowledge of the call.

The call was an indication that the White House was concerned about Biden’s precarious position as officials try to prevent Republicans from attacking the administration over its border policies and appease Democrats concerned about blocking asylum seekers from the US.

The termination of the authority is expected to lead to an increase in border crossings since authorities will no longer be able to quickly expel them as has been done since March 2020.

The year-end legislative sprint is currently underway with Schumer and Klain speaking regularly and often. But the border issue’s emergence in discussion provides a window into a complex policy and political moment.

Schumer, a New York Democrat who has long pressed the administration to terminate Title 42, is far from alone. Administration officials have received a steady stream of calls from lawmakers as well as state and local officials, reflecting often sharply divergent views on the merits of the authority, people familiar with the matter said. The calls all had the same concern about what the cessation of Title 42 would mean for the border.

It’s a dynamic that has played out as the Biden administration intensively prepares for a moment officials have long grappled with how to navigate. To some degree, it’s the latest phase of an effort that has long been underway, with officials keenly aware since the opening days in office that at some point the pandemic-era policy would come to an end. More levels and resources are expected in the days ahead, with personnel and technology infrastructure directed to key entry points.

The Department of Homeland Security is the lead agency in the matter, but senior White House officials are playing a large role in the debate over policy options to address the likely influx of migrants at the border. The official said that there were no plans to delay the effort, given the chance of a brief delay.

Jean-Pierre told reporters that they were going to do the work, that they were prepared, and that they were going to make sure that the process was humane.

The Status of the El Paso Border City as Revised by the Depth of Homeland Security and the National Security Council: Implications for Border Policy

The administration’s difficulties stemming from a rapid shift in the origin of migrants who are caught at the border have been caused by the cross-cutting views on border policy.

The only viable long-term solution will come from congress and the bipartisan framework released in the Senate last week encouraged the administration to make that point.

According to sources familiar with the discussions, however, the long-shot bipartisan immigration deal led by Sens. Thom Tillis, a North Carolina Republican, and Kyrsten Sinema, who recently announced that she is leaving the Democratic party and registering as an independent, is essentially dead this Congress.

The framework that would have extended protections to Dreamers was unlikely to gain much traction in the final moments of the session.

The border city of El Paso has seen a large influx of migrants in recent days. In a press conference Monday night, El Paso Mayor Oscar Leeser says shelters in Juarez, Mexcio are full and believes that 20,000 migrants there are waiting to cross into El Paso. Despite the stay, the city is still moving forward with emergency planning, including standing up an operations center.

White House officials have also been in daily conversations with DHS officials about planning, sources told CNN. The National Security Council, which has been heavily involved in migration management amid mass movement across the Western hemisphere, has also played a critical role, sources said.

“The team has been working really hard to ensure we’re taking steps to manage the expiration of Title 42 and put in place a process that’s orderly and humane. And we believe in doing so, we can protect our security concerns,” national security adviser Jake Sullivan said Monday.

What do we need to do to reform the asylum process? The challenge of the 21st deadline for mass migration around the globe, according to Mayorkas

The asylum proposal is reminiscent of the policy put in place by the Trump administration that made it difficult for migrants to claim asylum if they were living or traveling through other countries before arriving in the US. No decision has been made on the proposal.

The December 21 deadline for lifting public health restrictions that were imposed by the Trump administration remains intact, as do federal officials and border communities bracing for an expected increase in migrant arrivals.

The department of homeland security is planning to set up temporary facilities to process migrants in El Paso and discuss ways to send non-Mexican migrants back to Mexico via existing legal mechanisms, according to two officials.

In it, DHS also stressed the need for congressional action to update outdated statutes and help create a functioning asylum system, as the current one is under immense strain.

The 21st will be a disaster. There are so many things in the pipeline, but nothing is ready (to) go,” one official said, referring to December 21 when Title 42 is set to end.

Homeland Security Secretary Alejandro Mayorkas underscored the whole of government approach in a statement, noting that mass movement of people around the globe has posed a uniquely difficult challenge.

“Despite our efforts, our outdated immigration system is under strain; that is true at the federal level, as well as for state, local, NGO, and community partners. The system will be strained even more if the Congress does not reform immigration and asylum.

“Addressing this challenge will take time and additional resources, and we need the partnership of Congress, state and local officials, NGOs, and communities to do so,” he added.

What the Biden Administration is saying about Title 42, and what it can do about it: A road map to El Paso, Texas, awaiting the end of the southern border

“If there’s a surge in the valley, they’ll move people down there. If there is more people crossing, they will move agents over to Eagle Pass. They are moving agents to El Paso. ” This is not the way to secure the border and we need Biden to see the situation for himself,” he said on CNN.

The city of El Paso is talking with federal, state, and local partners about the situation. Mayorkas met with the Customs and Border Protection workforce and local officials in El Paso on Tuesday.

A source familiar with the ask says the Biden administration wants $3 billion from Congress as they prepare for the end of Title 42.

The White House is pleased with the order because it gives Republicans in Congress plenty of time to solve the problem at the border by implementing reform measures and providing additional funds for border security.

Cuellar, who represents Texas’ 28th District, told CNN he’s in close touch with the city of Laredo about preparations, adding that the city may bus migrants to other locations as they’ve done in the past if nonprofits can’t handle the influx of arrivals.

Here’s a look at some of the key questions and answers about the appeals court’s ruling, Title 42’s history, what’s happening on the ground and what could happen next.

In a ruling last month, US District Judge Emmet Sullivan ordered the government to end the “arbitrary and capricious” policy. He granted a request for a five-week reprieve, setting a deadline of December 21.

The coalition of GOP-led states asked Roberts to overturn a DC Circuit US Court of Appeals decision that refused to block the end of Title 42, citing their own concerns about an increase in unlawful crossing as the southern border.

The states had asked the DC Circuit US Court of Appeals to intervene in the case in order to put the lower court ruling on hold.

The Biden administration is appealing Sullivan’s ruling, but has not stopped preparing to end all Title 42 expulsions by December 21.

The Trump Era: The Implications of a Large-Scale Border Control Policy on the Health of Migrants and Immigrants

Before, D’Agostino said, increases in migrant populations crossing the border were gradual and over a series of months. This time, he said, it has been rapid and over a few days.

The border restrictions were controversial from the moment the Trump administration announced them. The immigrant rights advocates said public health was used as a reason to keep immigrants out of the country. Public health experts said the policy wasn’t justified by the circumstances.

Debate resurged after Sullivan’s November ruling, and again several weeks later as word spread of the increasing number of migrants crossing in El Paso.

But for some migrants, that’s starting to change. Nearly 6,000 Venezuelan migrants were expelled under Title 42 in October after the Biden administration announced a new policy toward migrants from the South American nation.

And officials continue to predict that lifting Title 42 is likely to spur a significant increase in the number of migrants trying to cross into the US.

Earlier this year, the policy drew attention when authorities at first were using it to turn away Ukrainians at the border, then largely started granting exceptions that allowed thousands of Ukrainians seeking refuge to cross.

Advocates argued a racist double standard was at play as many migrants from Central America and Haiti continued to be turned back under the policy. Federal officials denied that accusation and said each exemption is granted on a case-by-case basis.

Asked to respond to the ruling, President Joe Biden told reporters his administration will enforce the Trump-era immigration restriction, even if he thinks it’s past time to revoke it.

In April 2022, the administration announced plans to end the policy, stating that it was no longer necessary given “current public health conditions and an increased availability of tools to fight Covid-19.”

The Title 42 restrictions were discontinued in April of this year by the Centers for Disease Control and Prevention.

The effort was stopped by a judge in Louisiana who was in a case brought by the Republican attorneys general. They argued that the CDC should have considered the impact on state health care systems and other costs when they ended Title 42 because they did not go through the proper procedures.

White House preparations for the end of the Biden-Biden immigration authority: a U.S. Customs and Border Protection official

Since Biden took office, immigration authorities have deported over two million migrants, for single adults and some families.

The White House had been complying with the lower court order to prepare for the end of the program on Wednesday. Two US Customs and Border Protection officials said that border officials were thankful for the brief halt of Title 42, but were going ahead with their plans.

The Mexican government and border officials in the US made regular calls to each other over the weekend in order to try to stem the flow of people trying to get into the country.

When Title 42 ends, the Del Rio sector can expect to see Migrant encounters double from 1,700 a day to 3,500 a day, straining resources in a remote area.

“We’re going on as if nothing’s changed,” one of the officials said, adding that policy discussions are still underway to provide other legal pathways to Nicaraguans, Haitians and Cubans who make up a large number of encounters.

“I think there’s some that probably haven’t gotten the message and won’t until they cross,” the official said. “There are some already committed who will cross.”

Inside the White House, the pause on the termination will not have any effect on what have been intense behind-the-scenes preparations for the end of the authority, according to a White House official.

CNN has heard from non-profit organizers that migrants are living on the streets, in abandoned homes and on sidewalks and that some of the mothers have children that need food and water.

The National Guard and Emergency Food and Shelter Programs that Support the Construction of Border Fences and Barbed Wires: Implications for New York City

The Texas Military Department also said the increase in National Guard members at the border is “in response to high levels of illegal border crossings over the past week and the pending expiration of Title 42.”

Sgt. Jason Archer with the Texas Military Department Public Affairs told CNN “the wire that’s being placed is temporary” and will be up for an “undetermined amount of time.” Archer said it was placed “to support law enforcement” and was not done in conjunction with US Border Patrol.

The National Guard often serves as a support team to US Border Patrol and will not tell them about migrants if they encounter them. There were soldiers assigned to watch for activity last year at observation points along the border in Del Rio.

After the Texas National Guard increased its posture along the border, Democratic El Paso County Judge Ricardo Samaniego lamented the guard’s construction of fencing and barbed wire at the border.

My concerns are becoming reality, because they are not their role. I am pretty sure that it was not coordinated with Border Patrol. I have always insisted that any assistance from the state has to be part of our overall strategy and in lockstep with our own enforcement strategy,” the county judge told CNN.

The sense of desperation around the finish of Title 42 is causing concern among state and local officials.

The potential surge along the southern border is one thing that the New York City Mayor Eric Adams’ administration is keeping an eye on.

Adams said in a statement that they will wait to hear more from the Supreme Court regarding Title 42. “But regardless of the outcome, New York City has received 800 asylum seekers in just the past four days and it’s time for our state and federal partners to act. We need to continue to serve tens of thousands currently in our care and all those who are still arriving every day.

New York City will be able to tap into these funds, though the exact dollar amount the city will get is unknown, and will still be eligible for additional funding from other grants, the source said. The funding will also support CBP, allowing them to process asylum seekers quicker, and will support the construction and expansion of shelter facilities that should address capacity issues, particularly in New York, the source added.

The Emergency Food and Shelter Humanitarian program reimburses cities for food, shelter, transportation and basic health needs of asylum seekers. The source said that Schumer increased the pot from the original $150 million to $800 million despite GOP opposition.

The El Paso, Texas, border crisis and the u.s. immigration system: a lower court ruling is expected to be put on hold

He told the justices in court papers that the lower court ruling should be put on hold. He said the justices should grant an immediate injunction to maintain the status quo and consider throwing out the case in order to hear arguments from both sides of the issue.

“The border crisis that Respondents bizarrely and eagerly seek to cause would also inflict enormous harms to the States,” a filing, submitted last Wednesday, reads.

The matter will likely be referred to the full court after the administration submits its response on Tuesday. The chief justice made a brief order that signaled his intent to move quickly.

In the news release, city officials said that they had found amass shelter facilities that could hold between 1,000 and 2,000 people and would offer essentials such as food, bathroom, showers and transportation. The Red Cross will be available to help if needed. The city’s airport is also serving as a shelter for migrants who have airplane tickets to other destinations in the United States, the officials said.

El Paso, Texas, has been at the center of the crisis as thousands of migrants have crossed that region of the border. The city has put in place shelters at its convention center, hotels, and unused schools that have helped homeless people in the cold weather.

Biden, Gorsuch, and the State of the Border Security Law: A Supreme Court Order Obstruction to Impaach Mayorkas

At the same time, Mr. Biden and his team have been under intense fire from Republicans, who accuse the administration of being too lenient at the border. House Republicans, who will be in the majority next year, have promised to investigate — and seek to impeach — Alejandro N. Mayorkas, the secretary of homeland security.

The Supreme Court’s order blocking the lower court opinion that ordered the end of the authority is a win for Republican led states. The Biden administration has said it was prepared for the authority to end and had put in place precautions to guard against confusion at the border and any potential surge of migrants.

In its order, the court also agreed to take up the states’ appeal this term. The court said it would hear arguments on the case during its argument session that begins in February 2023.

The justices did not explain why they denied the application. Conservative Justice Neil Gorsuch also dissented and explained his thinking in an order joined by liberal Justice Ketanji Brown Jackson.

Gorsuch said he does “not discount the States’ concerns” about border security. The current border crisis is not a Covid crisis, butTitle 42 was put in place to combat it.

“Courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency,” Gorsuch wrote.

Source: https://www.cnn.com/2022/12/27/politics/supreme-court-title-42/index.html

Is the U.S. Border Security System Broken? The Case for Returned Border Protocols in President Biden’s Second South Lawn Action

We are able to manage the border within the constraints of a broken immigration system. We need Congress to pass the comprehensive immigration reform legislation President Biden proposed the day he took office,” the department said in a statement.

Biden told reporters on the South Lawn that the court isn’t going to decide until June, and in the meantime we have to enforce it.

Solicitor General Elizabeth Prelogar acknowledged to the Supreme Court last week that returning to traditional protocols along the border will pose a challenge, but said there’s no longer a basis to keep the Covid-era rules in place.

“The government in no way seeks to minimize the seriousness of that problem. The solution to that immigration problem can’t be to prolong a public-health measure that all now acknowledge has outlived its usefulness, says Prelogar.

Lawyers for the American Civil Liberties Union argued against sending asylum seekers back to Mexico because of the dangers they faced.

The lead counsel for the case, Lee Gelernt, told CNN that they are deeply disappointed in the ruling and will continue to fight to end the policy.

CNN has obtained a memo from the Department of Homeland Security stating that they warned of possible domestic violent acts related to the anticipated lifting of the border restriction.

“So far, we have observed calls for attacks targeting primarily migrants and critical infrastructure but our insight into DVE plotted is constrained by these individuals’ use of online security measures to limit exposure to law enforcement,” reads the memo.

Threats against the United States are increasingly unpredictable and complex amid a host of conspiracy theories, foreign interference and calls for violence.

Anisotropic Mexican Immigrant Shootings and Other Disruption Threats in El Paso, Texas During a Walmart Shooting

The Walmart shooting that killed 23 people in El Paso, Texas was one of many acts fueled by anger and animosity towards immigrants. The accused shooter drove to the border city with the sole intention of killing immigrants and Mexicans, authorities said at the time.

There are violent tactics discussed among social media users against migrants, including arms attacks, land mines along migration routes and trying to poison them with gas. Other users discussed shooting electrical substations near the US-Mexico border, likely to disrupt immigration facilities.

“We have not previously observed calls for substation attacks in response to immigration-related concerns, and these recent discussions may stem from widespread media coverage of recent attacks against other substations across the United States, particularly in Moore County, North Carolina,” the memo reads.