Wednesday, December 21st was supposed to be the day Title 42, a US public health measure, was lifted. It was initiated in March 2020 during the COVID-19 pandemic which put the world in fear and isolation, shutting down borders, businesses, and communities. 

Title 42 was created in the early 1900s to quickly expel incoming migrants as a public health emergency so that during a pandemic, a virus or disease would not spread from foreigners trying to come into the country. Earlier this year in April, the CDC recommended Title 42 was no longer necessary. However, with the border crisis, Title 42 has been an instrumental tool for the border patrol to quickly turn back migrants. 

When the announcement it would be lifted on December 21st happened, border communities braced for the impact of the surge in migrants expected to try crossing over. Already thousands are crossing every day, and El Paso had declared a state of emergency to be ready. 

A Republican-led state coalition, with Arizona’s Attorney General at the head, sued to have Title 42 remain in place. But it was fought against by the Department of Homeland Security (DHS), and the American Civil Liberties Union. The federal district judge of that case sided with the Department of Homeland Security. When the states tried to appeal the case, the appeals court did the same.

Yet, the states appealed the case to the Supreme Court, and Chief Justice John Roberts halted the lifting to allow the case to be made by both parties. DHS reiterated that the states have no standing since Title 42 is a public health order and not an immigration law, and cannot give a valid reason why it should still be in place. “Rather than returning to the immigration system prescribed by Congress, applicants ask this Court to compel the government to continue relying on now-obsolete public-health orders as the Nation’s de facto immigration policy,” wrote DHS 

The Biden Administration recognizes that with the lifting of Title 42, there will be a surge of immigrant crossings. But Title 42 is not an immigration rule, it’s a public health rule.

Immigration Nonprofits point out that Title 42 forces migrants seeking asylum to be quickly expelled without asylum hearings.

DHS also asked that if the Supreme Court decided to lift Title 42, it would do so on December 27 to get past the Christmas holidays and allow DHS to get squared away on the issue. “That brief continuation of the stay would allow the government to again prepare for a full return to operations under Title 8, with new policies tailored to the consequences of the end of the Title 42 orders — a complex, multi-agency undertaking with policy, operational, and foreign relations dimensions that has been paused or partially unwound in light of the administrative stay.”

The Biden Administration is implementing new actions for DHS to make at the US-Mexico Border. DHS wants to add 1,000 border patrol jobs and 2500 government agency personnel. Additionally, they want to add 10 facilities, increase transportation capacity, and target human smuggling. They want to work with foreign governments, and non-profits and increase refugee settlements. They have already implemented a program that allows for 24,000 positions for Venezuelans and will return to Mexico those who cross illegally. 

Governor Abbott has already invoked the invasion clause in both the United States Constitution and the Texas constitution. The Texas Governor has increased deployment, equipment, resources, and initiatives in order to combat the border crisis. Additionally, Arizona is also fighting to protect its border. Both states along with Florida have sent thousands of migrants to sanctuary cities to alleviate border communities.