A Post-Title 42 Vision for Migration Management Comes into Focus

Contributing sentiments towards policy:

67% : The researchers found that overall, in response to unprecedented migrant arrivals and despite systemic breakdowns in processes carried out by partner agencies, CBP has made solid inroads to properly screen, vet, and process migrants -- with NGO and local government assistance to facilitate onward movement to destinations throughout the United States.
60% : As well as if the significant border and asylum processing capacity needs faced by U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE) are addressed, alongside much-needed resource increases for a U.S. immigration court system struggling with massive backlogs.
56% : The rule's success -- and its ability to begin to address the increased flows while also preserving meaningful access to asylum -- will turn largely on how it is implemented and whether related staffing and infrastructure needs are met.
56% : Maintaining migrant encounters as much below Border Patrol capacity limits as possible while increasing capacity for ICE and USCIS are fundamental to transitioning from Title 42 practices, as the resource surges that were outlined suggest.
49% : Facing capacity constraints, the Border Patrol processes migrants under the most expeditious dispositions.
48% : Remaking Asylum at the BorderThe administration's post-Title 42 strategy comes against the backdrop of record-breaking migrant encounters at the southwest border -- more than 2.3 million in fiscal year (FY) 2022.
48% : At the same time, these border processing successes do not address important shortcomings that afflict the asylum system overall, the limitations and unintended consequences of the CBP One app used to book interviews with CBP officers at ports of entry, and inadequate capacity and coordination with functionally related agencies such as ICE and USCIS.
48% : Under Title 42, the Border Patrol can expel migrants in a matter of hours.
48% : The policies that have been announced to expand access to legal pathways, impose significant consequences for those who do not follow the rules, and surge new resources and operational changes to the border asylums system are building blocks towards border management and asylum systems that can meet changing migration realities.
47% : A border asylum rule that the administration unveiled in January -- and Mayorkas announced would be implemented after May 11 -- seeks to incentivize orderly arrivals at ports of entry and disincentivize crossings between ports of entry for the purpose of seeking asylum.
47% : But for border enforcement to ultimately succeed in a post-Title 42 world, similar levels of effort must be directed at deciding asylum cases, rather than adding them to immigration court caseloads that will not be decided for years and are, in the meantime, incentivizing people to apply for asylum even if they have only modest or nonexistent grounds.
44% : The multiple proposals unveiled by Secretary of State Antony Blinken and Homeland Security Secretary Alejandro Mayorkas add up to a strategy that seeks to incentivize legal, orderly movements and disincentivize unauthorized arrivals for the purpose seeking asylum, whether at the U.S.-Mexico border or U.S. coastlines.
44% :Ports of entry are also constrained in their ability to scale up beyond a fraction of their overall border operations because of space and staffing limitations that are even more severe than those experienced by the Border Patrol.
43% : The administration's response demonstrates a clear recognition that the end of the Title 42 authority that has allowed the expulsion of more than 3 million unauthorized migrants represents a huge test to border migration management and asylum systems already overtaxed by record southwest border arrivals.
32% : Many human-rights and immigrant advocates have strongly criticized the rule, viewing it as an attempt to shut down asylum rather than redirect it.

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