Federal government prepares for end of Title 42 as it awaits court ruling

US Immigration Poll
Posted at 11:30 AM, May 18, 2022

WASHINGTON, D.C. — Questions continue to swirl about the end of Title 42, the controversial public health measure President Joe Biden wants to end on Monday.

A ruling from a federal judge in the coming days could, however, keep it in place.


Title 42 is the pandemic public health policy that immediately expelled over a million asylum-seeking migrants during the pandemic.

Former President Donald Trump initially put the policy in place and it has continued into the Biden presidency.

Data has shown the migrants turned away over the last several years were primarily from Mexico, although they also came from other places in Central America, like Guatemala and Honduras.

Individuals from Caribbean nations like Haiti were also reportedly turned away as were some from European countries like Belarus.

Human rights groups believe the U.S. should be accommodating to those seeking persecution from other countries.

U.S. law requires the United States to accept refugees who have "well-founded" fears of persecution.

Opponents are arguing this is going to create a mass migration mess at the border and that the country is not prepared to handle the influx of migrants.


The country is waiting on District Court Judge Robert Summerhays to rule on whether the Biden administration can end the policy.

It's possible Summerhays rules in favor of Republican attorneys general who brought the lawsuit. Summerhays has previously ruled in favor of conservatives on consequential issues.

No matter what the Trump appointee decides, an appeal is likely.


If the judge allows Biden to end Title 42, the logical question is whether the U.S. is prepared for what could happen at the border.

Republicans and some Democrats believe there needs to be a better plan.

The Department of Homeland Security (DHS), as well as Border Patrol, has told reporters they are prepared.

"The Secretary and I have had the opportunity to meet with our front line officers, agents and our workforce to ensure that we are prepared for May 23rd and beyond," U.S. Border Patrol Chief Raul Ortiz said Tuesday during a border event with DHS Secretary Alejandro Mayorkas.

DHS has worked to mobilize staff and volunteers to the border in anticipation of a surge of asylum-seeking migrants when Title 42 ends.

Temporary facilities have been promised to be built as well.

Currently, around 8,000 people a day show up at America's borders. The Department of Homeland Security has said that it is preparing for the possibility of 18,000 each day once the measure is lifted.