SAN DIEGO (KGTV) — Congressional lawmakers and federal officials are reacting to the ending of Title 42, a pandemic-era policy that was lifted Thursday night after it expelled migrants millions of times over the course of the last few years.
On Thursday, May 11 at 8:59 p.m., the policy ended and the Biden administration has put into place a series of new policies that crack down on illegal crossings.
RELATED: Title 42: How has the COVID-19 border policy changed over the years
The Biden administration is now turning away anyone seeking asylum who didn’t first seek protection in a country they traveled through, or first applied online.
The administration says it's trying to stop people from paying smuggling operations to make a dangerous and often deadly journey.
Now, there will be strict consequences. Migrants caught crossing illegally will not be allowed to return for five years. They can face criminal prosecution if they do.
Democrat U.S. Representative Mike Levin says the country's immigration system is broken and they should be able to provide resources for the border.
“Title 42 was a Trump-era policy that began during the COVID-19 public health emergency. Ultimately, now that the order has been lifted due to the end of the public health emergency, Members of Congress from both parties must recognize that our immigration system is broken and we need more resources at the border. We must come together to pass comprehensive immigration reform that provides an earned pathway to citizenship and strengthens border security.
“I visit our southwest border regularly to meet with U.S. Customs and Border Protection (CBP) officers and hear about the work they do every day. We must give CBP the resources it needs to process the looming increase in asylum cases it faces.
“My maternal grandparents emigrated from Mexico because they wanted to achieve the American dream and create a better life for their children and grandchildren. I know we can foster that same opportunity for future generations while also securing our border, and that’s what I’m fighting in Congress to accomplish. Unfortunately, I’ve found that many of my Republican colleagues would rather have immigration remain a political football they can use to score points than actually doing the work to fix it.”
Secretary Alejandro Mayorkas of Homeland Security took to Twitter and said people who arrive at the border without using a lawful pathway will be presumed ineligible for asylum.
Starting tonight, people who arrive at the border without using a lawful pathway will be presumed ineligible for asylum. We are ready to humanely process and remove people without a legal basis to remain in the U.S. (1/4) pic.twitter.com/JnpSw6793v
— Secretary Alejandro Mayorkas (@SecMayorkas) May 12, 2023
The American Civil Liberties Union, ACLU of Northern California, Center for Gender & Refugee Studies, and National Immigrant Justice Center filed a lawsuit Thursday against the Biden administration’s new asylum ban.
The suit claims that asylum laws do not allow the administration to restrict access to asylum based on an individual’s manner of entry or whether they applied for asylum elsewhere.
It also details that migrants cannot "meaningfully seek asylum in transit countries because many lack a functioning asylum system, others have systems that are stretched to the breaking point, and most are not remotely safe for asylum seekers to find refuge. U.S. courts have recognized these principles in rejecting the previous asylum bans that the new rule tries to combine and re-impose."
Managing Attorney Katrina Eilland of the ACLU says President Joe Biden's new ban is no different from former Trump's.
“The Biden administration’s new ban places vulnerable asylum seekers in grave danger and violates U.S. asylum laws. We’ve been down this road before with Trump,” said Eiland.
“The asylum bans were cruel and illegal then, and nothing has changed now.”
Melissa Crow, the director of litigation at the CGRS, says Biden's administration has had time to create a fair and considerate process for migrants.
"People fleeing persecution have a legal right to seek asylum, no matter how they reach the border," said Crow.
"Our asylum system was designed to protect people fleeing imminent threats to their lives, who do not have the luxury of waiting for an elusive appointment or for an application to be adjudicated in a country where they are in danger. The Biden administration has had over two years to set up a fair and humane asylum process post-Title 42. That it has instead chosen to resurrect and repackage illegal Trump-era policies is reprehensible.”
A Florida federal judge granted Florida Attorney General Ashley Moody’s request for a temporary restraining order on the Biden administration's “parole with conditions” release policy.
🚨BREAKING NEWS 🚨
— AG Ashley Moody (@AGAshleyMoody) May 12, 2023
Federal judge grants Attorney General Moody’s request for a Temporary Restraining Order enjoining @JoeBiden’s unlawful “Parole with Conditions” mass release policy ahead of Title 42 expiration.https://t.co/lP4htLKdRk
The Associated Press contributed to this article.
