US Lifts Pandemic-era Border Restrictions, Introduces New Measures to Deter Migrants

Late on Thursday, the United States ended pandemic-era restrictions at the US-Mexico border that had previously blocked many migrants from claiming asylum. However, these so-called Title 42 restrictions were immediately replaced with new policies aimed at deterring and physically preventing unauthorized border crossings. In a tougher stance from the Biden administration, Secretary of Homeland Security Alejandro Mayorkas announced that 24,000 border patrol agents and officers had been deployed to enforce US laws, emphasizing that the border is not open.

Under the new regulations, individuals arriving at the border without using legal pathways will be presumed ineligible for asylum. Mayorkas stated that they are prepared to process and remove people without a legal basis to stay in the US swiftly. In the hours leading up to the implementation of the new policies, thousands of migrants braved rivers, climbed walls, and scrambled onto US soil, hoping to be processed before the midnight deadline.

In Matamoros, Mexico, near the eastern end of the border close to the Gulf of Mexico, groups of migrants crossed the Rio Grande river, some carrying infants and bags of belongings above their heads, seeking refuge in Brownsville, Texas. However, US authorities behind razor wire fences shouted at them to turn back. Children, tied together by their parents to prevent accidents in the treacherous river, faced uniformed soldiers who refused to open the wire and allow them to exercise their right to seek asylum, pointing them back to where they came from.

The previous rule, Title 42, had been in place since March 2020, enabling border officials to swiftly return asylum seekers back over the border to prevent the spread of Covid-19. While Title 42 prevented many from seeking asylum, it carried no legal consequences. However, after Thursday, migrants now face being barred from entering the US for five years and potential criminal prosecution.

In El Paso, Texas, hundreds of migrants camped on downtown streets, unsure of their next steps after crossing the border from Ciudad Juárez, Mexico. In Ciudad Juárez, the first moments after the end of Title 42 were met with initial silence for the 500 migrants waiting to turn themselves in to US authorities at Door 42, a gate in the tall border barrier between the two cities. Some small groups were gradually allowed into the country while the rest remained outside.

As night fell, migrants used their cellphones to book scarce asylum appointments available through an app administered by US federal authorities called CBP One. The Trump administration implemented the Title 42 public health rule in 2020, but it was continued and expanded by President Joe Biden, despite his campaign promises of a fairer and more humane border system. The policy has faced legal challenges and criticism from various perspectives.

Immigration advocates, represented by the American Civil Liberties Union (ACLU), filed a legal challenge against the new asylum regulations just minutes before they took effect. They argue that the Biden regulation significantly limits access to asylum in the US and resembles Trump-era policies that were blocked in court. Additionally, a federal judge in Florida blocked the releases of migrants who have not yet received court dates, citing a failure to follow proper regulatory procedures.

Customs and Border Protection (CBP) stated that it would comply with the court order, but both CBP and Secretary Mayorkas called it a “harmful ruling.” Concerns about overcrowding are growing, as the Florida court ruling means that authorities will have to hold many people for longer until they receive a court date. Under Title 42, processing was faster, with many individuals quickly expelled. However, immigration advocates worry that even the longer asylum processing in border facilities may be rushed and insufficiently fair.