Senate proposal would let U.S. expel migrants after Title 42 ends
A group of senators on Thursday unveiled a bill that would allow U.S. border agents to continue expelling migrants without court hearings even after a public health order that has authorized these expulsions during the coronavirus pandemic expires next week.
The proposal would effectively allow the U.S. government to continue the soon-to-be terminated Title 42 border expulsion policy for two years without a public health justification. Title 42 is set to end on May 11, when the national public health emergency over COVID-19 lapses.
In a statement, Republican North Carolina Sen. Thom Tillis said he was introducing the proposal with independent Arizona Sen. Kyrsten Sinema due to a lack of confidence in the Biden administration's plan to handle the expected rise in migration to the southern border when Title 42 lifts.
"It's clear that Congress must immediately step in, and the bipartisan bill I'm introducing with Senator Sinema will help prevent the catastrophic fallout at the border we will soon see if no action is taken," Tillis said.
Sinema, who was a Democrat until December 2022, said the Biden administration had failed to "plan ahead and implement a realistic, workable plan" to process migrants once Title 42 is phased out.
The bill, which was also co-sponsored by Sen. Joe Manchin of West Virginia and Sen. John Cornyn of Texas, would require the Department of Homeland Security (DHS) to swiftly expel migrants to Mexico "without further hearing or review." Those processed for expulsion would need to be detained until they are expelled.
Under the proposal, if Mexico does not accept the return of migrants or DHS determines expulsions there are not in the national interest, the U.S. would have the authority to expel migrants to their home countries, where they have a residence or a third country willing to receive them.
The bill would prohibit U.S. officials from expelling migrants to countries where they could face torture or persecution because of their race, religion, nationality, political views or membership in a socal group — the grounds for asylum. This bar would not apply to migrants convicted of certain crimes or those deemed to be a national security risk.
Those who claim they could face torture or persecution would need to pass preliminary interviews with U.S. asylum officers to avoid expulsion.
An earlier draft of the Sinema-Tillis framework, which was first crafted late last year, included a requirement for the State Department to impose visa bans for citizens of countries whose governments reject U.S. expulsions. That provision was not included in Thursday's bill.
The proposal would allow DHS to exempt certain migrants, including those with acute medical conditions, from the expulsions and to process them at ports of entry.
It's unclear if the bill released by Sinema and Tillis will garner sufficient support in the Senate and, most importantly, backing from Democratic Majority Leader Chuck Schumer. Last year, after the Centers for Disease Control and Prevention first announced it would discontinue Title 42, Sinema, then a Democrat, joined 4 Democrats and six Republicans in introducing a bill to extend the policy.
First instituted by the Trump administration in March 2020 as an emergency measure to fight the spread of the coronavirus, Title 42 has given U.S. border authorities the authority to expel hundreds of thousands of migrants without processing their asylum claims.
The policy's scheduled termination next week has alarmed Republicans, centrist Democrats and border city officials, all of whom have voiced concerns about whether the Biden administration is prepared to manage an expected spike in migrant crossings.
Customs and Border Protection (CBP) is preparing for as many as 10,000 migrants to cross the southern border each day after Title 42 lapses, which would almost double the daily average in March. Other internal government projections suggest that daily migrant arrivals could rise to between 11,000 and 13,000.
The Biden administration has for its part maintained it is prepared to phase out Title 42, saying it hopes to deter illegal crossings through a strategy that pairs deterrence measures, including increased deportations and a restriction on asylum, with expanded opportunities for migrants to enter the U.S. legally.
— Jack Turman contributed reporting.
