Ahead of his vacation to St. Croix this Tuesday, President Biden told reporters that terminating the Title 42 policy is “overdue” but must be enforced after a 5-4 Supreme Court ruling to leave the Trump-era protocol in place.
The president’s comments come after Title 42, which was codified in 1944 and enacted by former president Donald Trump in March 2020, has been used to deter migrants more than 2.5 million times as the crisis along the southern border welcomed an unprecedented 2.3 million illegal migrants in the 2022 fiscal year.
Secretary Mayorkas and Biden’s Department of Homeland Security have denounced Title 42 for some time, arguing that the policy is “not an immigration authority” despite the millions of illegal migrants that have been denied entry at the border as a result of the policy.
Biden, who has yet to visit the southern border, has said “there are more important things going on” than making the trip, ignoring calls from both Republican and Democrat leaders.
The Biden administration’s reluctance to take appropriate measures to slow the historic influx of migrants continues to collide with a judicial system that ignored arguments from the White House on various immigration and homeland security policies over the president’s tenure in office.
Should Title 42 expire, Fox News reported that the Department of Homeland Security estimates there will be between 9,000 and 15,000 migrants attempting to enter the U.S. every day.
Congressman Jim Jordan, (R-OH), tweeted ahead of the recent Supreme Court’s ruling to uphold the policy: “Title 42 ends on December 20th. After that, expect nearly 14,000 illegal aliens to cross our border each day. That would equate to over 400,000 illegal aliens in a single month. That’s larger than the population of New Orleans.”
Title 42 ends on December 20th. After that, expect nearly 14,000 illegal aliens to cross our border each day.
That would equate to over 400,000 illegal aliens in a single month.
That’s larger than the population of New Orleans.
— Rep. Jim Jordan (@Jim_Jordan) December 15, 2022
Border Patrol agents have also issued public concerns about the capabilities of their workforce and the quick, chaotic flow of migrants that would occur upon the expiration of Title. One senior Border Patrol agent in West Texas told the Washington Examiner that “[U.S.] Customs and Border Protection will have no other choice but to release virtually everyone” into the country.
Despite worry from Border Patrol agents and employees as well as elected local and federal officials about the expiration of Title 42, the president’s comments Tuesday that the Trump-era policy’s termination is “overdue” indicate the administration’s continued intention to pursue its cessation.