The Biden administration is racing to cobble together a combination of policies intended to stave off what is expected to be an unprecedented surge in illegal border crossings once Title 42 expires on Wednesday, people familiar with the matter told The Wall Street Journal on Monday.
The administration's plan would combine Trump-era limits on asylum claims at the border with a new procedure for asylum seekers to apply to enter the country legally.
Some border cities have already seen surges of migrants in anticipation of Title 42’s end and have declared states of emergency.
A key deterrence part of the emerging plan would be an updated version of a short-lived Trump-era policy which would target illegal migrants by quickly deporting them unless they can pass a tougher initial asylum screening.
At the same time the plan is offering an alternative path into the U.S. for migrants of some nationalities by permitting them to apply through an online portal for permission to fly to the U.S., where they can live on temporary humanitarian grounds and apply for asylum, The Wall Street Journal reported.
A federal court ruled in November that Title 42, a pandemic-related public-health measure permitting migrants to be quickly expelled back to Mexico after crossing the border illegally, violates federal immigration law by denying them a chance to ask for humanitarian protection.
Immigration advocates are likely to launch immediate legal challenges to parts of the Biden administration's plan.
At the same time, it isn’t clear whether the administration can enact its new border strategy in time or whether, even if it does, the strategy will effectively redirect many of the migrants expected to attempt to cross the border once Title 42 lifts.
It is unclear that the administration's strategy will be effective, even if it is enacted in time. Although most experts say that repealing Title 42 will lead to a surge in illegal migration in the short term, the long-term effect is much more uncertain.
One of the reasons for the uncertainty is that while Title 42 deterred some from crossing the border, it motivated other illegal migrants to do so repeatedly, because the policy essentially took away consequences for those caught, according to The Wall Street Journal.
But once the policy is lifted, authorities can start prosecuting migrants trying to sneak into the country, which could lead to a reduction in repeat crossings.