Democratic Senators Concerned About Joe Biden Quitting Title 42

Four Democratic senators have told Homeland Security Secretary Alejandro Mayorkas that they have “deep concern” about the Biden administration’s plans to end Title 42 health policies, which are expected to bring a surge in migrants to the United States.

The Trump administration issued Title 42 in the early days of the coronavirus pandemic in March 2020 to allow for the rapid removal of migrants at the border — but a federal judge ruled on Nov. 15 the rule was “arbitrary and capricious” and not more contemporary with the public health conditions in the country.

The policy expires on December 21st.

“We have expressed our concern about DHS’s preparations for the end of Title 42, particularly as the situation has at times deteriorated. Annual record-breaking encounters have created untenable situations,” wrote Sens. Mark Kelly and Kyrsten Sinema of Arizona, Maggie Hassan of New Hampshire and Jon Tester of Montana in the letter released Monday.

Four Democratic senators sent a letter to Homeland Security Secretary Alejandro Mayorkas asking for answers on how the administration will deal with the end of Title 42.
Four Democratic senators sent a letter to Homeland Security Secretary Alejandro Mayorkas asking for answers on how the administration will deal with the end of Title 42.
AFP via Getty Images

“In Arizona, shelters have been forced well beyond their capacity. This month in El Paso, over 700 migrants were released directly onto city streets due to overcrowding. This is not safe and creates a dangerous situation for migrants and communities,” the letter continued.

Track 42 has been used to deport more than 2.3 million migrants since March 2020, and White House officials believe the end of the policy could result in as many as 18,000 migrants crossing the southern border every day.

Samuel Guerra, a migrant from Venezuela, told the Post earlier this month that he will be among an “avalanche” of immigrants entering the US once Title 42 expires.​

Guerra is one of thousands of migrants living in a tent city a stone’s throw from El Paso, Texas.

Senator Kyrsten Sinema of Arizona.
Arizona Senator Kyrsten Sinema expressed her concerns to Mayorkas.
Senator Jon Tester of Montana.
Sen. Jon Tester is representing Montana.
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The president of the national Border Patrol Union said the end of Title 42 will remove a key enforcement tool agents have used to expel about 40% of migrants they encounter at the border.

“Once Title 42 goes away, that just means we’ll be releasing more people into the United States – which of course only encourages more people to come,” Brandon Judd told The Post earlier this month.

Mayorkas, appearing before the Senate Homeland Security Committee earlier this month, insisted the administration had a plan to deal with the fallout from Title 42.

Senator Mark Kelly of Arizona.
Senator Mark Kelly represents Arizona.
Antranik Tavitian/The Republic/USA Today Network/Sipa USA
Senator Maggie Hassan of New Hampshire.
Sen. Maggie Hassan is representing New Hampshire.
Getty Images

“We are reinforcing the consequences for unlawful entry, particularly in relation to individuals who attempt to evade law enforcement, including deportation, detention and prosecution where warranted,” he said at the Nov. 17 hearing.

Republicans, who won control of the House in the midterm elections, plan to launch a series of probes into the administration’s lax border policies, and Minority Leader Kevin McCarthy, who is expected to be elected Speaker of the House, has already said Mayorkas should step down or face possible impeachment.

“We will use the power of the purse and the power of the subpoena. Let me be clear: those responsible for this disaster will be held accountable,” McCarthy (R-Calif.) told reporters in El Paso last week.

“Unless Secretary Mayorkas resigns, House Republicans will examine every order, act and omission to determine if we can begin an impeachment investigation.” Democratic Senators Concerned About Joe Biden Quitting Title 42


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