Biden Ends Trump Era Policy That Allowed Border Patrol to Return Migrants to Home Countries Within Days, Allowing them to Stay in America

Last Friday, the Centers for Disease Control and Prevention (CDC) announced that the Trump-era policy named Title 42, will end on May 23.  This policy allows border authorities within hours to quickly return migrants back to Mexico or their country of origin within days, without any immigration process. This policy has resulted in over 1.7 million migrant expulsions.

Three attorneys general representing Arizona, Missouri and Louisiana announced on Monday they were suing the Biden administration over the decision to end Title 42 and urged the order be reinstated. These three state attorney generals argued saying, “Biden’s decision violated the Administrative Procedures Act (APA) as it is arbitrary and capricious, and the Biden administration did not conduct the statutorily required notice and comment process.”

After May 23, migrants’ claims will be processed under Title 8, which allows them to await their court dates in the United States, according to National Border Patrol Council (NPBC). The problem here is the order allows these migrants to be released because the U.S. doesn’t have the facilities to handle the capacity.

It is being predicted that the revocation of Title 42 will create an unprecedented surge at the southern border. It will probably be so large that it will overwhelm law enforcement agencies and non-governmental organizations as well,” the attorneys general argued. Estimates by the U.S. Department of Homeland Security (DHS) say it will result in as many as 18,000 migrants per day, which could mean 540,000 migrants in a single month.

The only border state of the three, Arizona Attorney General Mark Brnovich said in a statement, “While it’s difficult to identify Biden’s most irresponsible move since taking office, rescinding Title 42 is certainly up there.” Adding, Brnovich said, “It’s a ridiculously poor decision with a bad intention for border states and American communities across the country. This administration’s reckless pandering to the far Left and complete abdication of its responsibility to public safety cannot be allowed to continue.”

Missouri Attorney General Eric Schmitt said in a statement, “If the Biden administration won’t take proactive steps to secure our border and protect citizenry, we certainly will.” The lawsuit also addresses Schmitt’s state as a “destination state and hub for human-trafficking crimes within the United States, due to it situation at the confluence of several major interstate highways. Based on recent statistics, approximately 56 out of every 1,000 unlawful aliens who enter the U.S. end up residing in Missouri, imposing irreparable law enforcement and criminal justice cost on Missouri.”

The Biden administration is arguing that Title 8 will result in the expulsion of migrants who lack lawful claims in the country. The administrations said it’s preparing contingencies to address an expected influx of migrants. 

Following the CDC’s announcement on Friday, a DHS official stated on a call with reporters, that the administration is “concerned about the fact that, as is the case with any anticipated policy change, smugglers will spread misinformation to take advantage of vulnerable migrants.”

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