Biden administration updates plans for migration spike when pandemic-related order lifts

Senior Biden administration officials on Tuesday said they’ll be ready to hold up to 18,000 migrants a day in custody and plan to bolster private agencies that assist migrants this summer as the pandemic-era policy that allows for the rapid expulsion of migrants is lifted.

An increased number of migrants are expected to seek to cross the border after the pandemic-related health order known as Title 42 ends May 23, although the Center for Disease Control’s lifting of the order has to survive two court challenges for that to happen.

Title 42 has been used more than 1.8 million times to expel migrants who cross the southwestern border since March 2020. It has resulted in the rapid expulsion of about half of all migrants arriving at the southwest border in recent months.

Critics say it deprives asylum seekers of due process, but politicians from the right and the left have become increasingly critical of plans to end its use.

The Tuesday briefing call with reporters by a senior Department of Homeland Security official detailed many points in an updated 20-page plan signed by DHS Secretary Alejandro Mayorkas, expanding on those presented earlier by DHS.

Under the plan, U.S. Customs and Border Protection would increase daily migrant holding capacity to 18,000 people from 13,000 a year ago.

DHS also says it plans to increase the use of expedited removal, which like Title 42 has drawn criticism from immigrant advocates for limiting due process. Under expedited removal, CBP can quickly deport migrants who don’t claim they are afraid to return to their home countries when being assessed for asylum.

“When the Title 42 order is lifted, we intend to significantly expand the use of expedited removal … and thereby impose long term law enforcement consequences on those who seek to cross the border without a lawful basis to do so,” the DHS official said.

Already, 23,000 CBP agents and officers are working at the southwest border, including 600 from other agencies that were recently sent there, according to the plan.

The plan also includes providing additional support for nongovernmental agencies that help migrants, mostly after they have been released from federal custody pending immigration court appearances. Assistance will be provided through a federal government emergency food program and through grants from the Federal Emergency Management Agency.

Nonprofits assisting migrants have been reimbursed in the past by federal agencies, particularly in the Rio Grande Valley, the busiest region for migration into the U.S.

Pressed on a specific plan to organize migrants to cross at ports of entry or to prepare for migrants who might try to cross all at once, the DHS official said the government is working with the Mexico officials “to prepare on both sides of the border for any potential increase in movements related to the termination of Title 42.”

Some migrants may be sent to other ports of entry if one port becomes congested, the DHS official said.

In March, Border Patrol captured migrants nearly 210,000 times, according to CBP data. The last time there was such a monthly high was in 2000, according to Border Patrol statistics.

Title 42 has led to repeat crossings by migrants who face no legal consequences if caught, as they would under normal immigration law.

Criticism of the end of Title 42 comes from both Republicans and Democrats. Republicans like Texas Gov. Greg Abbott have accused President Joe Biden of “open-border” policies that will incite more trafficking.

Earlier this month, a group of Democratic and Republican senators introduced a measure that would temporarily delay the planned end of Title 42. Among those co-sponsors are Sen. Kyrsten Sinema of Arizona, a Democrat from Arizona, and Republican Sen. John Cornyn of Texas.

A federal judge in Louisiana announced Monday that he intends to issue a temporary restraining order to halt the lifting of Title 42 in a case brought by 21 states with GOP governors.

The actual restraining order hadn’t been released by early Tuesday evening, but the DHS official said the federal government would comply with it, “if and when” the Louisiana federal court issues it.

A separate lawsuit filed by the Texas attorney general is also pending.

The DHS plan was applauded by at least one immigrant advocate for providing a “clear plan for ending Title 42″ and welcoming people seeking safety “with dignity.”

“While the memo includes some deeply concerning provisions, the administration’s efforts to clarify and inspire confidence about its plans, which have been in the works for over seven months, are encouraging,” said Marielena Hincapié, executive director of the National Immigration Law Center.