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

Title 42 immigration policy ends Thursday

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.

Key Points

• What is Title 42?
• Who is allowed in the United States after Title 42 expires?
• Homeland Security Secretary warns against illegal crossings
• Biden administration’s attempt to reduce overcrowding blocked by judge
• Unaccompanied migrant child dies while in custody of US

[13 May 2023 16:00 · Ariana Baio]

Migrants warned of ‘tougher consequences’ for illegal border crossing

In a speech, Homeland Security Secretary Alejandro Mayorkas said the lifting of Title 42 “does not mean our borders are open” and indicated there will be “tougher consequences” for people who cross the border illegally.

“An individual who is removed under Title 8 is subject to a least a five-year bar on re-entry,” Mr Mayorkas said.

Under Title 42, those who attempted to cross the border would be turned away.

Mr Mayorkas sent a message to those thinking of making the journey to the border, “The smugglers care only about profit, not people they do not care about you, or your well-being.”

“Do not believe their lies. Do not risk your life and your life savings only to be removed from the United States if, and when, you arrive here.”

[13 May 2023 18:00 · Ariana Baio]

What is Biden’s plan after 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 tonight, 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.