Biden’s Title 42 Decision Scares Border-State Democrats

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Democrats are questioning the Biden administration’s decision to withdraw the public health emergency legislation that would have allowed the deportation of about 1.7 million migrants, due to the pandemic.

The White House’s plan to eliminate Title 42 in May overlaps with an expected rise of up to 18,000 daily border crossings as migrants take full advantage of the better weather before the November elections.


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Frightening Decision

Sen. Joe Manchin of West Virginia joined Arizona Sens. Mark Kelly and Kyrsten Sinema in calling the Biden administration’s plan to repeal Title 42 “frightening.”

Manchin also ignored the political implications and focused on the administration’s lack of preparation, while 60,000 people wait in northern Mexico.

On Friday, the Department of Homeland Security and the State Department formally declared their intention to eliminate the Title 42 regulation, ending days of suspense while other COVID-19 limitations are only eased.

Since last summer, when border neighborhoods, law enforcement, and nonprofit groups reported being stressed, Kelly and Sinema pushed the government to design a post-Title 42 plan and deploy the required resources.

DHS says yes. Kelly and Sinema disagree. Kelly termed the judgment “wrong,” despite opposing the indefinite use of Title 42.

In his speech, he said, “No strategy or coordination for a safe, orderly, and humanitarian border procedure can be stopped without Title 42.” 

In a statement, Sinema said the decision showed “a lack of understanding of the border problem.” 

The White House and several of their Democratic peers seem unfazed by the Republican border assaults leading up to the midterm elections. Activists claim Title 42 is an immigration deterrent disguised as a public health policy.

In response, RNC chairwoman Ronna McDaniel accused Biden of supervising “the biggest border crisis in DHS history.”

Analysis and Polls

While polls show Republicans worrying more about the border than Democrats, an increasing percentage of Americans desire fewer immigrants.

More than a third said they wanted fewer immigrants, up from 19% in 2021.

According to Republican strategist Cesar Conda, the move to abolish Title 42, which was first put in place at US border crossings in 2020 by then-President Trump, will be a “nightmare.”

They won’t protect our border or curb illegal immigration, said Conda. Manchin is Conda’s biggest supporter on Capitol Hill.

To secure our borders and provide a road to citizenship for eligible immigrants, Title 42 must remain in place, Manchin said on Friday.

US Customs and Border Protection and Immigration and Customs would have held congregate situations during the outbreak. Over 91,500 migrants were ejected last month, slightly higher than in January.


This is the White House’s second exemption for unaccompanied minors, after establishing one in August. This gives DHS time to immunize migrants against COVID-19.

“The timing underscores the importance of having an implementation phase,” White House press secretary Jen Psaki said.