Restrictive border policy Title 42 ends this week but leaves imprint on future of asylum

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The controversial border policy that has expelled asylum seekers for more than three years is set to end on May 11. However, it may seem like not much has changed.

from politicians have made clear that it has been largely used in an effort to deter migration. Now that the declared health emergency is ending, so will Title 42 orders. Many predict border crossings will increase in the short term.

Title 42, and the restrictionist policies that came before it, have created a backlog of waiting asylum seekers in northern Mexico. Knowing this backlog could lead to an increase in border crossings, the Biden administration is following a long-time border strategy used by both Democrats and Republicans to try to stop people from crossing.

The risks to waiting migrants — and to those sent back without fully considering their protection requests — can be deadly. Human Rights First documented more than 13,400 violent attacks on asylum seekers stuck waiting in Mexico because of Title 42 during the Biden administration’s first two years in office.

Beginning May 11, DHS said it will rely significantly on “expedited removal,” a fast-track process to preliminarily assess migrants’ requests for protection while they wait in Border Patrol custody and deport those who don’t qualify within days or a few weeks. It also tried to make those who crossed the border without permission ineligible for asylum, as well as those who passed through other countries between the country they fled and the United States. Under the latter policy, human rights observers documented cases of Cameroonian asylum seekers who were deported by the U.S. to torture and other violence because they’d been disqualified from protection.Asylum seekers from Venezuela look over towards U.S.

Senior administration officials sent a memo Friday to White House staff, urging Republicans to stop “pushing a MAGA agenda of chaos” and hammering home the argument that their plan is “rooted in enforcement, deterrence and diplomacy.”The asylum system was created by the Refugee Act of 1980, which codified the obligations that the United States had agreed to after the Holocaust in meetings with the United Nations.

 

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