Title 42 expiration – latest: Child migrant dies in US custody as Biden under fire over immigration policy
More than 2.8m people have been turned away from Mexico border since Title 42 was enacted during the pandemic
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.An unaccompanied child migrant died while in US custody just days before Title 42, the pandemic-era policy that prevented individuals seeking asylum from entering the US on the pretext that they could pose a health risk, expired on Thursday evening.
In anticipation of the policy change, once more restoring the right to an asylum hearing, President Joe Biden enacted new immigration policies which are being harshly criticised for being too restrictive.
Under Mr Biden’s new policies, people from countries other than Mexico will have to request asylum in the country they are coming through before requesting it in the US.
Several organisations, including the American Civil Liberties Union, have filed a lawsuit against the new immigration policies saying they mimic Trump-era ones.
Over the last three years, authorities have effectively used Title 42 as a makeshift solution to the country’s ongoing border crisis, with over 2.8m people turned away since its introduction.
With the policy’s termination, many are worried border towns will become overwhelmed with migrants. Ahead of the expiration, Texas towns El Paso and Brownsville declared an emergency.
What comes next after Title 42?
US warns migrants against illegal crossings as Title 42 set to expire: ‘Our border is not open’
Trump’s restrictive immigration policy is ending – but his politics remain under Biden
Pandemic-related asylum restrictions known as Title 42 expire, straining US immigration system
Border towns face ‘difficult’ situation as Title 42 expires and tens of thousands of migrants wait to cross into US
Less than 24 hours after the Title 42 immigration policy ended, approximately 23,000 migrants were in Border Patrol custody, a Department of Homeland Security official told CNN, as tens of thousands more have gathered at the US-Mexico border seeking asylum.
An influx of migrants seeking asylum has strained cities and towns at the US border like El Paso and Brownsville and problems with US leaders enacting new policies have left many in limbo.
“We knew this was going to be a difficult transition,” Homeland Security Secretary Alejandro Mayorkas said in an interview with Good Morning America on Friday.
Ariana Baio reports:
Border towns face ‘difficult’ situation as Title 42 expires
‘We knew this was going to be a difficult transition,’ Homeland Security secretary says
Biden’s plan to replace Title 42
Title 42 has been used as a temporary solution to the US’s border crisis for the last three years but as it comes to an end, President Joe Biden will have to replace it with new policies.
Mr Biden indicated these new policies in a fact sheet released in January.
Here’s what he plans to do:
- Expand the parole process for up to 30,000 nationals of Nicaragua, Haiti and Cuba per month who have eligible sponsors and pass background checks. These people may come to the US for a period of two years and receive work authorisation.
- Increase the use of expedited removal to the country of origin for individuals who attempt to enter the US without permission or without a legal basis to remain. These individuals are also subject to a five-year ban on re-entry.
- Increase refugee admissions from Latin America and Caribbean countries.
- Launch a mobile application for migrants to schedule appointments to reduce wait times and crowds at US ports of entry.
- Increase humanitarian assistance by $23m in Mexico and Central America.
- Open legal pathways to the US via other countries like Canada, Mexico and Spain.
- Expand agents and active-duty military personnel to help Border Patrol.
Immigrations rights leaders criticises Biden policies
Several immigration-rights leaders from organisations like Amnesty International, ACLU, the National Immigration Law Center and more gathered on Friday to issue statements condemning President Joe Biden’s new immigration policies.
Erika Guevara Rosas, Americas Director of Amnesty International, said “the US government is outsourcing its border enforcement to Mexico and now Colombia and Guatemala, but it’s not willing to take responsibility for the chaos its policies have created.”
“Amnesty International USA calls upon the Biden Administration to abandon the asylum ban and instead invest in systems of welcome,” Executive Director of Amnesty International USA Paul O’Brien said.
Kica Matos, the incoming president of the National Immigration Law Center said Mr Biden had broken his promise to “reassert America’s commitment to asylum-seekers and uphold their right to seek safety.”
Locals in border towns call the situation ‘a real crisis'
Border towns are already overwhelmed by the number of migrants and asylum seekers hoping to cross over into the US legally and with Title 42 coming to an end tonight, many are worried for what’s to come.
“It’s a real crisis,” said Father Rafael Garcia, a priest at Sacred Heart Church in El Paso, Texas told The New York Times.
Over 600 migrants are seeking temporary shelter in El Paso as they await the end of Title 42 to then enter the US legally, according to the El Paso Times.
But without places to stay, people have made makeshift shelters on the street.
“If this is now, what is it going to look like after May 11? How is this going to unfold?” Father Garcia said.
Buses carrying migrants arrive in towns and cities across US
As the US prepares for a massive influx of migrants, some are being bussed to airports to head for other parts of the country.
At least fifteen buses carrying migrants released by Border Patrol are thought to be leaving Yuma, Arizona today - according to a migrant services group per The New York Times.
They are apparently headed for the Phoenix airport where they will continue their travels.
Another two buses of migrants from New York City were brought to the suburb of Newburgh, New York.
Several cities like Washington DC are preparing for an increase in the number of migrants.
Unaccompanied migrant child dies while in custody of US
An unaccompanied migrant minor died while in the custody of the US Department of Health and Human Services (HHS), the White House confirmed on Friday.
In a press briefing, White House Press Secretary Karine Jean-Pierre said the White House was “aware of the tragic loss” and President Joe Biden had been briefed on it.
“There is a medical investigation that was opened on May 10,” Ms Jean-Pierre said.
The HHS said in a statement that they were “deeply saddened by this tragic loss and our hearts go out to the family, with whom we are in touch,” according to NBC News.
The minor was a 17-year-old boy from Ecuador
Scenes from the US-Mexico border
What is Title 8?
Before there was Title 42, there was Title 8 which allowed authorities to remove migrants who crossed into the US illegally.
Under Title 8, migrants caught crossing illegally will be deported and given a five year ban on re-entering as well as potential criminal charges.
The harsh consequences will restart at midnight on 12 May.
Homeland Security Secretary Alejandro Mayorkas told migrants seeking to come to the US southern border illegally not to, indicating there would steeper consequences.
VOICES: Trump’s restrictive immigration policy is ending – but his politics remain under Biden
VOICES: For Republicans, ending Title 42 has been a political boon. GOP senators largely dashed any hopes of another Covid-19 relief package last year on the basis of Mr Biden’s decision to end the policy.
Trump’s restrictive immigration policy is ending – his politics remain under Biden
Biden is ending Title 42, but he’s continued or expanded Trump and Stephen Miller’s hardline immigration policies
Migrants are being lied to by smugglers
People seeking asylum in the United States are being misled but smugglers, according to Homeland Security Secretary Alejandro Mayorkas.
Two Venezuelan migrants told BBC that smugglers and other migrants informed them they would not be able to enter the US if they presented themselves at the border so they should illegally cross the barriers.
“We trusted them, and were starting to move into the US. But we were stopped at a road block,” Jon Uzcategui said. “The agents told us that was all false.”
In a White House press conference on Thursday, Mr Mayorkas said that smugglers are falsely telling migrants that they can enter the US if they illegally cross the US-Mexico border
He called on people seeking asylum to enter the US through legal pathways.
“It’s extraordinarily dangerous, Mr Mayorkas said of the journey. “They are in the hands of ruthless smugglers.”
Mr Mayorkas said that they should not trust smugglers as they do not care about migrants well-being, only money.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments