Border detentions reach record highs as Title 42 expires.

Migrants Gather at U.S.-Mexico Border Ahead of Immigration Rule Changes

Record Number of Migrants Held at U.S. Border Facilities

As immigration restrictions known as Title 42 expire, migrants on both sides of the U.S.-Mexico border are gathering, with some rushing to cross ahead of tough new asylum rules that will replace a COVID-era order. U.S. Customs and Border Protection (CBP) has been holding up to 28,000 migrants at its facilities, far beyond its stated capacity, according to two federal officials requesting anonymity and the Border Patrol’s union. The busiest border detention facilities are in the Rio Grande Valley and El Paso in Texas and two areas in Arizona, according to union President Brandon Judd.

New Asylum Rules to Deny Entry to Almost All Migrants Who Cross Illegally

Due to the high volume of arrivals, agents have begun releasing some migrants without a notice to appear in immigration court where they can make an asylum claim, telling them to report to an immigration office later. However, a federal judge in Florida blocked such releases on Thursday night, saying they were similar to a policy previously enjoined in March due to a failure to follow proper regulatory procedures. Under Title 42, in place since March 2020 and set to expire at midnight, hundreds of thousands of migrants have been quickly expelled to Mexico. But because Mexico only accepted the return of certain nationalities, migrants from other countries have largely been allowed in to pursue their immigration claims. That is set to change as President Joe Biden’s administration sends more personnel and funds to the border while implementing the new regulation, which will deny asylum to almost all migrants who cross illegally. The measure will bar anyone who has passed through another country without seeking refuge elsewhere or who failed to use legal pathways to enter the United States.

Political Finger-Pointing and Struggles to Cope

U.S. border cities have struggled to shelter the new arrivals and provide transportation to other destinations. Far from the border, other cities say they are also struggling to cope, such as New York, where Mayor Eric Adams temporarily loosened right-to-shelter rules because of strained resources. U.S. Senator Kyrsten Sinema, an Arizona independent who left the Democratic Party five months ago, criticized the administration on Thursday, telling reporters the president had failed to adequately prepare for the end of Title 42. Republicans fault Biden, a Democrat running for re-election in 2024, for scrapping the restrictive policies of former President Donald Trump, a Republican seeking to win back the White House. Some organizations are welcoming the migrants, such as Fernando Quiroz, a 50-year-old member of a volunteer group known as the AZ-CA Humanitarian Coalition, who was pulling a wagon filled with water bottles to hand out to migrants awaiting processing in the middle of the night.

Top U.S. Officials Reiterate Warning to Illegal Crossers

Top U.S. officials have repeated a warning to illegal crossers. “Our borders are not open,” Homeland Security Secretary Alejandro Mayorkas told reporters at a White House briefing. The CBP reiterated in a statement that Venezuelans, Cubans, Haitians, and Nicaraguans that cross the southwest border illegally after the end of Title 42 will continue to be sent back to Mexico, which can accept a total of up to 30,000 migrants from those countries monthly. The U.S. has opened up legal options for migrants of those nationalities to apply for entry from abroad, in an effort to discourage people from coming to the border.

Record Number of Migrants Crossing Illegally

Since Biden took office in January 2021, the country has seen a record 4.6 million arrests of migrants crossing illegally, although the tally includes many repeat crossers. A Reuters/Ipsos poll released this week showed that only 26% approved of Biden’s handling of immigration. In Texas, Republican Governor Greg Abbott, a fierce critic of the president’s border policies, expanded a National Guard deployment this week “to help intercept and repel large groups of migrants trying to enter Texas illegally.”

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