10 Things to Know About the End of Title 42 - WOLA

Contributing sentiments towards policy:

62% : In early May, CBP announced improvements to the app, including an increase to 1,000 appointments per day and a system that will benefit those who had registered first.
57% : During the first six months of fiscal 2023, CBP used Title 42 to expel into Mexico citizens of Cuba, El Salvador, Guatemala, Haiti, Honduras, Nicaragua, and Venezuela roughly 130,000 times (counting months when Mexico accepted those countries' citizens).
56% : Unlike the most intense period of Title 42's implementation, a narrow pathway to asylum now exists, and it is being modestly broadened.
53% : Border Patrol is reporting over 8,700 migrant encounters per day right now.
49% : Section 208 of the INA, the asylum statute, codifies the right to apply for asylum enshrined in the 1951 Refugee Convention, to which the United States is a signatory.
48% : It is a dramatic denaturing of the right to seek asylum.
48% : Not all asylum seekers qualify for it, but those who do are far more common than "needles in haystacks": 52 percent of U.S. immigration judges' asylum decisions in fiscal 2022 were grants of asylum or other relief.
47% : In 2022, U.S. Border Patrol encountered 1,480,416 individual migrants on 2,206,436 occasions (the rapidity of Title 42 expulsions eased repeat attempts to cross).
46% : However, as discussed below, the Biden administration plans to put in place measures that will sharply curtail the ability to seek asylum at the U.S.-Mexico border, while continuing returns of third-country migrants into Mexico.
46% : This is similar to the days before December 21, 2022, when Title 42 was last expected to end, when Border Patrol exceeded 9,000 encounters on at least 3 days.
45% : "The United Nations recently estimated that there are approximately 660,000 migrants currently in Mexico, including over 200,000 Haitian and Venezuelan nationals, in addition to 287,000 internally displaced Mexican nationals," CBP's acting commissioner, Troy Miller, told House appropriators in mid-April.
44% : It is costly to remove someone by air, and the contractor fleet run by U.S. Immigration and Customs Enforcement (ICE) is of limited size.
43% : Under a draft rule set to go into effect as early as this week, the U.S. government would refuse asylum processing to many migrants who (1) crossed between ports of entry, and (2) passed through other countries on their way to the U.S.-Mexico border without first seeking and being denied asylum in those countries.
43% : The rule would partially shut down, to a historic and legally questionable extent, the right to seek asylum upon reaching U.S. soil, as laid out in Section 208 of the Immigration and Nationality Act and in the 1951 Refugee Convention.
43% : One million comprises less than half of the number of individuals currently being apprehended at the border (1,480,416), combined with the number whom Border Patrol believes has avoided apprehension (737,244).
40% : And the Biden administration is working, with the Mexican government's collaboration, to keep asylum out of reach to an extent that may resemble what we've already seen over the past 38 months.
40% : Those who enter without inspection by crossing the land border between ports of entry may have committed a misdemeanor (8 U.S. Code Sec. 1325), but nothing in the law indicates that their manner of entry has any bearing on their eligibility to apply for asylum.
40% : The asylum ban, paired with the expedited removal process, will fuel mass deportations of people who could otherwise qualify for asylum.
39% : The Biden administration intends to deny opportunities to seek asylum to some migrants who request it while on U.S. soil.
39% : Now, though, the third-country migrants would be deportees -- often, deportees denied a chance to seek asylum.
38% : But as it does so, the Biden administration is adding a new limitation on asylum that, with Mexico's cooperation, promises to continue the pandemic-era practice of sending asylum seekers away from the United States, placing many in danger.
35% : May 11 is the final day for the Trump and Biden administrations' "Title 42" policy, which undid the basic right to seek asylum at the U.S.-Mexico border for 38 months.
35% : Adding a sweeping new exception to the right to seek asylum, one that may place thousands of people in grave danger, is hardly consistent with either the letter or the spirit of the INA's asylum provisions.
34% : Beyond asylum, people seeking admission to the United States at the U.S.-Mexico land border face a tattered patchwork of options.
29% : As the Biden administration prepared the asylum transit ban and other measures to limit access to asylum, it was unclear whether Mexico would continue to accept U.S. removals of third-country migrants into its territory.
25% : At the pandemic's outset in March 2020, the Trump administration interpreted this as allowing immediate expulsions of undocumented migrants at the U.S.-Mexico border, including those seeking asylum in the United States.
20% : It further argues that the INA, in Section 208(b)(2)(C), empowers the Attorney General to, "by regulation, establish additional limitations and conditions, consistent with this section, under which an alien shall be ineligible for asylum."

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