Implications for Immigration Policy Now that Title 42 Has Been Lifted

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By Monserrat Juarez

U.S.-MEXICO BORDER—Amidst the ongoing immigration crisis plaguing the U.S. southern border, the termination of Title 42 has politicians predicting a surge in immigrants. 


On account of the coronavirus’s rapid spread in 2020, President Trump relied on Title 42 to ease the process of reviewing newly arrived immigrants in order to quickly send them back out. The policy was used at the convenience of the government to directly influence the influx of immigrants. The Biden administration is now responsible for creating other viable options in dealing with immigrants seeking asylum. 


After Title 42 was lifted, there was no sudden rush of immigrants seeking to achieve asylum status. However, it is expected that there are thousands of immigrants awaiting in Northern parts of Mexico. Since the ability to legally obtain asylum status has been nonexistent in the last couple of years, there is a strong indication that the removal of Title 42 will encourage immigrants from the South to arrive at the U.S. border. 


In response, the Biden administration has prepared viable options that would allow immigrants to apply for parole programs. These programs would be opened to those in Venezuela, Cuba, Nicaragua, and Haiti. Around 30,00 people from those countries will secure entry to the U.S. on a monthly basis if they seek asylum while still in their countries. These new policies would ideally decrease the number of immigrants seeking to cross the border illegally. 


The push to pass these policies is currently being disputed in the court system by several different states with Texas being at the forefront. The American Civil Liberties Union has opted to challenge the Biden administration’s asylum restrictions since they refuse to accept immigrants who have crossed the border illegally. The ACLU concludes that Biden’s proposal parallels Trump’s previous attempts to restrict legal asylum status. 


Additionally, a federal judge in Florida has denied Biden’s administration the power to let immigrants go without a specific court date. The practice of letting immigrants into the U.S. without instructions to appear before a court is not traditionally out of the norm. The Biden administration has allowed immigrants parole to avoid overwhelming border control resources. This specifically applies to the limited space in border control centers.


With the upcoming presidential election, President Biden has reportedly been constrained on the immigration policy he has introduced to Congress. Biden’s political aspirations are being strongly countered by the Republican party. His inability to follow through on proposed immigration laws is being cited by the opposition as a critical signal for his inadequacy in the presidential election of 2024. 


Meanwhile, the House of Republicans has introduced the Secure the Border Act to Congress. The bill proposes severe limitations on asylum law and supports renewing efforts of the border 

wall’s construction. Ultimately, the Republican party is playing off voters that are not closely affiliated with one political party. Their consistent stance on immigration policy makes it easier for voters to believe Republicans will not be as inconsistent as the Biden administration has been. 


The Republican party’s strong opposition to President Biden’s lenient immigration policies has been strengthened with the absence of Title 42. The government’s reliance on Title 42 was often used to avoid the controversy surrounding the immigration conflict. Now that Title 42 no longer offers the Biden administration a cushion to fall back on, the House of Republicans is easily able to weave a narrative of political inefficiency on an issue that helped Biden win the presidential election of 2020. 


At length, many polls have shown that the average American voter is primarily concerned with the current state of the economy. Immigration policy issues could become a substantial concern for voters if the situation at the U.S.-Mexico border worsens. 

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