06 APR 2022

A Vote to Keep Title 42 is a Vote to Separate Families

WASHINGTON, DC - Senate Republican Whip John Thune announced that Senate Republicans will introduce an amendment to the COVID aid bill, aimed at undermining the Biden administration’s decision to revoke Title 42. Yesterday, Republican senators went as far as derailing the vote on cloture for the COVID aid bill. If the GOP amendment were to pass, it would not only serve to block Ukrainian, Afghan, Venezuelan, Cuban and other asylum seekers, but it would also have lasting, detrimental impacts on the country’s asylum system.

“The Republicans are engaged in political gamesmanship rather than border management,” stated Kerri Talbot, Deputy Director of the Immigration Hub. “The CDC and leading public health experts agree, there is no public health justification to maintain Title 42. Keeping this policy in place isn’t the answer to managing migration, securing our borders or, least of all, improving our immigration system. It’s clear, Senate Republicans are intent on dismantling America’s asylum system and returning to the failed family separation policies of the past. They would be willing to block Ukrainians and asylum seekers fleeing war, communism and persecution to score a soundbite on campaign ads. 

“Anyone who would support this political ploy would be supporting a return to a family separation policy. The CDC was right in revoking Title 42, and President Biden is already following through with a whole-government approach to ensure an orderly process at the border while working with global leaders to address migration. His administration has a plan that lives up to our values and enforces our immigration laws. Instead of undermining the president’s plan, Congress should fund reforms to strengthen our immigration system.”

Any amendment to block President Biden’s termination of Title 42 should be voted down. Republican members of Congress argue that lifting Title 42 would create a massive uptick in migration at the border. However, President Biden’s plan would mitigate any increase and, even after the end of Title 42, DHS will still be able to place individuals in removal proceedings. Moreover, Director Walensky reserved the right to issue a new Order to suspend the entry of non-citizens based on new findings, as dictated by public health needs.

  • The Republican amendment would go against CDC authority and public experts’ recommendation. Maintaining Title 42 policy challenges CDC’s scientific analysis which found that the expulsion policy is not necessary to protect public health. Supporting the CDC’s analysis, a New England Journal of Medicine report affirmed, “There is no public health evidence that singling out asylum seekers or other migrants for exclusion from the United States is effective in stemming the spread of Covid-19.”

  • At a time when the international community is heeding our words, this amendment would put Ukrainians, Afghans, Venezuelans, Cubans and others at risk: If this amendment passes, Ukrainians, Afghans, and other nationalities, including those fleeing from communism and persecution, would be forcibly removed from the U.S. without access to protection and flown back to dangerous conditions.

  • DHS already has tools to manage any increase in migration, including the authority under expedited removal to remove individuals. Revoking Title 42 does not mean that people aren’t removed; in fact, while those who request asylum will be processed into the country and allowed to pursue their case, those who don’t request asylum or who lose their case will be removed.

  • Title 42 exacerbates the flows of individuals at the border. Title 42 actually increases the flow of individuals at the border because people quickly return to attempt reentry when their cases are not considered appropriately.

The Biden administration has a plan, with the capacity and resources, to manage migration, keep families together and ensure an orderly process at the border. From investing in technology and smart border infrastructure to cracking down on cartels and human smugglers, the Biden administration is already delivering and working on solutions to manage our borders and address migration. The administration is ready for any increase in migration at the border:

  • DHS has put in place a comprehensive, whole-of-government strategy to manage any potential increase in the number of migrants encountered at our border, by increasing its capacity to process new arrivals, evaluate asylum requests, and quickly remove those who do not qualify for protection.

  • The Biden administration is deploying the resources to process migrants quickly and safely, making sure families stay together and our immigration laws are enforced. Their new asylum regulation lays out a plan to reduce the backlog, create processing centers and increase reviews of cases, among other components to meet the needs at the border.

  • DHS will increase personnel and resources as needed and have already redeployed more than 600 law enforcement officers to the border. There will be greater order and control at the border if individuals are being processed at ports of entry rather than being forced under Title 42 to arrive between ports of entry.

  • Smugglers and certain border crossers will be referred for criminal prosecution.

  • COVID-19 protocols will still be in place. Over the next two months, DHS is putting in place additional, appropriate COVID-19 protocols, including ramping up the vaccination program.

Among some of the strongest components of the Biden administration’s plan are

  • increasing DHS personnel from around the country,

  • rapidly establishing temporary processing centers,

  • creating orderly border sector plans to reduce crowding and assess cases across the border, and

  • launching a multi-agency response to protect both the public safety and health of all Americans and those who are seeking protection.

President Biden’s plan critically addresses the root causes of migration by

  • investing in the top-sending countries to help stabilize their economies, address insecurity and support agriculture and small businesses;

  • going after the cartels who now view humans akin to drugs in their business model

  • creating more legal options to migrate, such as employment visas, more refugee slots, and parole for children; and

  • working with countries in the region to bolster their own protection systems and to increase their own capacity to provide work visas.

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The Immigration Hub is a national organization dedicated to advancing fair and just immigration policies through strategic leadership, innovative communications strategies, legislative advocacy and collaborative partnerships.