What’s next for migrants at the border?
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(NewsNation) — Many migrants are facing a major setback after a federal judge blocked U.S. authorities from lifting the sweeping policy, known as Title 42, which since March 2020 has empowered Border Patrol agents to quickly turn back over a million migrants to Mexico and other countries
The order was supposed to lift Monday, but the judge blocked the mandate from being lifted last week.
The continuation of Title 42 is the latest flip-flop in policy that has dismayed migrants, immigration lawyer Renata Castro said on “Morning in America.”
“Border Patrol agents continue business as usual because the Biden administration is able to determine irrespective of whether or not the federal judge has upheld Title 42, who gets to enter the United States to pursue their asylum claim through a process called credible fear interview. Therefore, we anticipate that the impact will be more emotional than legal,” Castro said. “However, it is noteworthy to see that federal courts are willing to interfere with the execution of immigration law. And I believe that this will go all the way to the Supreme Court as it impacts more politics than it does immigration law.”
A group of migrants stand next to the border wall as they wait to get taken away by the Border Patrol in Eagle Pass, Texas, Saturday, May 21, 2022. The Eagle Pass area has become increasingly a popular crossing corridor for migrants, especially those from outside Mexico and Central America, under Title 42 authority, which expels migrants without a chance to seek asylum on grounds of preventing the spread of COVID-19. (AP Photo/Dario Lopez-Mills) 
A group of migrants stand next to the border wall as they wait to get taken away by the Border Patrol in Eagle Pass, Texas, Saturday, May 21, 2022. The Eagle Pass area has become increasingly a popular crossing corridor for migrants, especially those from outside Mexico and Central America, under Title 42 authority, which expels migrants without a chance to seek asylum on grounds of preventing the spread of COVID-19. (AP Photo/Dario Lopez-Mills) 
A group of migrants stand next to the border wall as a Border Patrol agent takes a head count in Eagle Pass, Texas, Saturday, May 21, 2022. The Eagle Pass area has become increasingly a popular crossing corridor for migrants, especially those from outside Mexico and Central America, under Title 42 authority, which expels migrants without a chance to seek asylum on grounds of preventing the spread of COVID-19. (AP Photo/Dario Lopez-Mills) 
A migrant family who earlier crossed the Rio Grande river into the United States is taken away by Border Patrol agents in Eagle Pass, Texas, Saturday, May 21, 2022. The Eagle Pass area has become increasingly a popular crossing corridor for migrants, especially those from outside Mexico and Central America, under Title 42 authority, which expels migrants without a chance to seek asylum on grounds of preventing the spread of COVID-19. (AP Photo/Dario Lopez-Mills) 
Migrants who had crossed the Rio Grande river into the United States are taken away by Border Patrol agents in Eagle Pass, Texas, Saturday, May 21, 2022. The Eagle Pass area has become increasingly a popular crossing corridor for migrants, especially those from outside Mexico and Central America, under Title 42 authority, which expels migrants without a chance to seek asylum on grounds of preventing the spread of COVID-19. (AP Photo/Dario Lopez-Mills) 
Migrants from Cuba rest after crossing the Rio Grande river in Eagle Pass, Texas, Sunday May 22, 2022. Little has changed in what has quickly become one of the busiest corridors for illegal border crossings since a federal judge blocked pandemic-related limits on seeking asylum from ending Monday. (AP Photo/Dario Lopez-Mills) 
Three migrants from Cuba arrive on U.S. soil after crossing the Rio Grande river in Eagle Pass, Texas, Sunday May 22, 2022. Little has changed in what has quickly become one of the busiest corridors for illegal border crossings since a federal judge blocked pandemic-related limits on seeking asylum from ending Monday. (AP Photo/Dario Lopez-Mills) 
Three migrants from Cuba stand in front of a National Guardsman after crossing the Rio Grande river in Eagle Pass, Texas, Sunday May 22, 2022. Little has changed in what has quickly become one of the busiest corridors for illegal border crossings since a federal judge blocked pandemic-related limits on seeking asylum from ending Monday. (AP Photo/Dario Lopez-Mills) 
A woman and a child cross the Rio Grande river towards the U.S. in Eagle Pass, Texas, Sunday May 22, 2022. Little has changed in what has quickly become one of the busiest corridors for illegal border crossings since a federal judge blocked pandemic-related limits on seeking asylum from ending Monday. (AP Photo/Dario Lopez-Mills) 
A border Patrol boat navigates the Rio Grande river near Eagle Pass, Texas, Sunday May 22, 2022. Little has changed in what has quickly become one of the busiest corridors for illegal border crossings since a federal judge blocked pandemic-related limits on seeking asylum from ending Monday. (AP Photo/Dario Lopez-Mills)
Another Trump-era program known as Remain in Mexico, which forces asylum seekers to wait in Mexico as their cases wind through U.S. courts, was terminated by Biden early in his presidency only to be reinstated after a court ruling in August 2021.
Customs and Border Protection officials stopped migrants 234,088 times on the Mexican border in April, one of the highest in decades and a 5.8% increase from 221,303 in March, according to figures released this month.
“We have to see that the volume of individuals entering the border is a direct result of not only the economic chaos caused by COVID in Central and South America and other countries as well, but also the increased use of technology. The more border encounters the more it means that CBP is doing its job,” Castro said. “What the U.S. really needs to do is revamp this archaic immigration law that requires individuals to risk their lives in order to pursue or to avail themselves of asylum law protections. It is an unfortunate term to say that it is business as usual. But as an immigration attorney, I can’t think of a better way to describe what’s going on right now.”
Many migrants are repeat crossers because there are no legal consequences of being expelled under Title 42 authority. In April, about 28% were encountered at least once in the previous year. According to Border Patrol, 60% of the crossers came from Mexico, 15% came from Guatemala and 14% came from Honduras.
U.S. authorities applied Title 42 in about four out of every 10 encounters. The rest were subject to immigration laws, which include a right to seek asylum.
The Associated Press and Reuters contributed to this report.
