Biden administration reinstates Trump-era immigration rule as Title 42 expiration nears

The rule, finalized and published in the Federal Register on Wednesday, disqualifies migrants from applying for asylum in the U.S. if they neglected to first apply for asylum in countries they traveled through, such as Mexico.

Biden administration reinstates Trump-era immigration rule as Title 42 expiration nears
AP Photo/Evan Vucci
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In anticipation of a wave of illegal immigration following the expiration of Title 42, the Biden administration has reinstated a Trump-era immigration rule disqualifying migrants from applying for asylum in the U.S. if they failed to first apply for asylum in other countries they traveled through.

As Title 42, a health order allowing border officials to immediately expel migrants without processing, is set to expire on Thursday, the Biden administration has reversed course by reinstating a Trump-era immigration rule, CBS reported.

The rule, finalized and published in the Federal Register on Wednesday, disqualifies migrants from applying for asylum in the U.S. if they neglected to first apply for asylum in countries they traveled through, such as Mexico. This move comes after more than two years of the administration's struggle to control historic levels of illegal immigration into the U.S.

During the 2020 presidential campaign, President Joe Biden had been critical of former president Donald Trump's implementation of the rule. In preparation for the anticipated surge of migrants, the Department of Homeland Security (DHS) has requested and received 1,500 military personnel from the Pentagon to help perform administrative tasks on the border, freeing up more border agents for enforcement.

U.S. Customs and Border Protection has also partnered with local and state law enforcement to remove thousands of illegal migrants from the streets of El Paso, Texas, one of the hotspots for illegal migration. El Paso Democratic Mayor Oscar Leeser has preemptively declared a state of emergency in the city, estimating that 15,000 migrants could flood into the city from Ciudad Juarez when Title 42 ends.

In the weeks leading up to Title 42's expiration, immigration officials have observed a steady surge in illegal migration, the Daily Wire reported. Border Patrol Chief Raul Ortiz reported on Monday that Border Patrol averaged nearly 9,000 migrant apprehensions per day, with over 7,000 "gotaways," illegal immigrants who entered the U.S. but could not be apprehended. On Tuesday, more than 11,000 migrants were reportedly caught crossing the southern border.

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