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Border officials finalizing preparations for end of Title 42

  • Title 42, a pandemic-era border policy, expires next week
  • DHS Secretary Mayorkas has been in Texas to speak with staff in preparation
  • Immigration laws will still be enforced under Title 8 after 42 ends

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(NewsNation) — Department of Homeland Security Secretary Alejandro Mayorkas said officials will finalize by May 11 a rule making it more difficult for migrants who do not use “lawful pathways” when coming to America to be eligible for asylum.

“We are building lawful pathways and we are delivering consequences for those who do not use those meaningfully accessible pathways,” he said at a Friday news conference.

Flanked by other border officials, Mayorkas spoke about how they plan on handling what is expected to be a surge of people traveling over the southern border after Title 42 ends.

Title 42, which was enacted under the Trump administration in 2020, gave border officials the grounds to expel migrants for public health reasons. It is set to expire next Thursday, May 11.

U.S. Customs and Border Protection data shows there were 444,146 expulsions through Title 42 as of March 2023. That is less than the previous two fiscal years: 1,103,961 in FY 2022 and 1,071,075 in FY 2021. However, in FY 2020, there were much fewer: 283,680.

Per CBP data, the flow of migrants into the U.S. is expected to reach as many as 10,000 to 13,000 people a day. That would be double or nearly double the flow in March.

In total, that’s around 2.9 million people.

Officials have been warning about this anticipated influx, although they emphasized that immigration laws will still be enforced under Title 8.

Those who cross the border unlawfully are subject to criminal consequences, such as deportation and a five-year ban on reentering the United States, with Title 8.

“Let me be clear: Our border is not open, and will not be open after May 11,” Mayorkas stressed at a recent press conference where he announced the U.S. will open migrant processing centers in Latin America.

Mayorkas said Friday that he met with Panamanian and Colombian partners three weeks ago, and they agreed to “surge enforcement operations” to prevent individuals from getting into the U.S. with assistance from “ruthless smugglers,” he said. Earlier this week, the President’s Homeland Security Adviser met with the Mexican President and they also agreed on an enforcement surge in the south of Mexico.

“Vulnerable individuals are misinformed by the smugglers and brought to the southern border only to be returned,” Mayorkas said.

In addition, more resources, including personnel, transportation capabilities, airplanes and facilities “to effect a greater number of removals, every week” have been given to border towns.

On Friday, Mayorkas said, about $330 million more was given to border communities, nonprofit organizations and several interior cities to address both the situation at the border and the “humanitarian needs of migrants.”

Immigration

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