Title 42 winds down but not quick enough for some

Christian advocates for immigrants and asylum-seekers commended the Biden administration for its plan to end a pandemic-related order that has led to rapid deportations the past two years.

However, some want to know why Title 42 is remaining in place through late May.

Title 42 allows the Centers for Disease Control and Prevention to close U.S. borders to immigrants who lack proper documentation to prevent the spread of infectious disease. It permits the Department of Homeland Security to expedite the removal of migrants and asylum-seekers without immigration proceedings.

Fellowship Southwest—an ecumenical Christian network related to the Cooperative Baptist Fellowship—issued a statement saying it “embraces the commitment of the Biden administration to terminate Title 42.”

“This administration understands that it cannot continue to expel migrants to Mexico and expose them to kidnappings, torture, rape and aggression,” the Fellowship Southwest statement reads. “The time has come to welcome all refugees, regardless of their racial or ethnic background.”

‘No valid reason to extend the policy’

However, Elket Rodriguez—an immigration attorney appointed as CBF field personnel to work along the U.S.-Mexico border—asserts “there is no valid reason to extend the policy even until May 23.”

“Title 42 has proven beyond a reasonable doubt that expelling migrants and denying them access to asylum processing does not work to avoid the spread of COVID-19, deter migrants from seeking safety or address increases in border crossers,” Rodriguez said. “On the contrary, expelling migrants encourages repeat border crossers and increases the work of immigration officials.”

Stephen Reeves, executive director of Fellowship Southwest and advocacy director for CBF, said Title 42 “has caused untold suffering among desperate and vulnerable migrants stuck in cartel-controlled border towns.”

Ali Noorani, who recently announced he is stepping down as president and CEO of the National Immigration Forum, issued a statement prior to the Biden administration announcement saying, “It is time for President Biden to end Title 42 and implement an orderly process.”

“Title 42 serves the goals of cartels and smugglers, not Americans. The administration can take steps to replace Title 42 with policies that better protect due process and ultimately end the current cycle of exploitation by criminal networks,” Noorani said.

“We can achieve border security through practical and humane processing, along with the strategic deployment of technology and personnel. There is no reason, public health or otherwise, to continue Title 42.”

Laura Collins, director of the Bush Institute-SMU Economic Growth Initiative, noted Title 42 “restricted access to asylum for those needing it and made the journey seeking U.S. protection more dangerous.” She also asserted it “decreased border security by lessening the penalties for migrants caught crossing the border.”

“Ending Title 42 at the border is the right thing to do, but it is not enough,” Collins stated. “Congress must seriously consider nimble legislative solutions to improve border security and the legal immigration system.

“We can effectively manage the migrants who seek asylum at our border, but we must be willing to use multiple proven tools rather than ineffective ones.”