House Passes Border Wall Bill As Title 42 Expiration Prompts Fears Of Migrant Surge

Topline

The House passed a border security bill Thursday that would codify strict immigration policies implemented by former President Donald Trump, including restarting reconstruction of the southern border wall—a symbolic piece of legislation approved by the GOP-controlled House on the same day that Covid-19 border restrictions expire.

Key Facts

The House passed the bill in a 219-213 vote, with every Democrat and two Republicans voting no.

In addition to restarting construction of the border wall, the legislation would require Customs and Border Protection to hire 22,000 new agents and reinstate Trump’s “Remain in Mexico” policy, which required asylum-seekers to stay in Mexico while their hearings played out.

It is unlikely to pass the Democrat-controlled Senate, however, where Republicans have said they consider the House bill a starting point for negotiations with President Joe Biden, who promised to veto the House legislation in its current form.

The legislation was passed hours before the Trump-era immigration policy known as Title 42 is scheduled to end Thursday night, in concert with the expiration of the Covid-19 public health emergency.

Title 42 allowed Border Patrol agents to rapidly expel migrants without giving them the chance to seek asylum in an effort to prevent the spread of Covid-19.

Chief Critic

The Biden Administration said the “bill would make things worse, not better,” in a statement Monday vowing to veto the legislation, adding that it “does nothing to address the root causes of migration, reduces humanitarian protections, and restricts lawful pathways, which are critical alternatives to unlawful entry.”

Key Background

Title 42’s expiration has prompted bipartisan criticism of the Biden Administration. Republican lawmakers have sought to extend the program, arguing that a return to pre-pandemic border policies will lead to an unprecedented surge in illegal immigration. But the Biden Administration has repeatedly argued that the policy did little to deter people from attempting to repeatedly cross the border illegally, and some Democrats argue Title 42 is unfair to persecuted migrants who are eligible for asylum. Democrats have pushed back against the White House plan to deal with the policy shift by temporarily deploying an additional 1,500 active duty troops to the border, including pro-immigration Sen. Bob Menendez (D-N.J.), who criticized the move as a “militarization of the border.” Title 42 will be replaced by the previous policy, Title 8, which requires border authorities to assess migrants for asylum eligibility before deciding whether to expel them or allow them to remain in the U.S. The Biden Administration also announced a new rule Monday that requires many migrants who cross the U.S.-Mexico border to seek asylum in another country before being granted asylum in the U.S., unless they book an appointment prior to their arrival through the Customs and Border Protection website. This restriction has also drawn criticism from immigration advocates who say it resembles a Trump-era policy.

What To Watch For

Senators have floated competing legislation in recent days to deal with the expected increase in migrants seeking asylum as Title 42 is lifted. Sens. Kyrsten Sinema (I-Ariz.) and Thom Tillis (R-N.C.) unveiled legislation last week that would extend Title 42 for an additional two years. Multiple Democratic senators, including Joe Manchin (D-W.Va.), Jon Tester (D-Mont.) and Sherrod Brown (D-Ohio) said they back the legislation, but it’s unclear if it has the support to pass the chamber, which is narrowly controlled 51-49 by Democrats.

Further Reading

Texas Border Cities Prepare For A ‘Hurricane Coming’ As Title 42 Expires (Forbes)

Title 42 Explained: And Here’s Why It’s Coming To An End (Forbes)

Trump Claims U.S. Will Become A ‘Third World Country’ When Title 42 Immigration Policy Expires (Forbes)

Source: https://www.forbes.com/sites/saradorn/2023/05/11/house-passes-border-wall-bill-as-title-42-expiration-prompts-fears-of-migrant-surge/