Title 42 Stays In Place For Now But Border Still Uncontrolled

Title 42 Stays In Place For Now But Border Still Uncontrolled

By Terri Jo Neff |

The announcement that a federal judge has temporarily blocked President Joe Biden and his administration from lifting a Title 42 public health order at the Mexico border on May 23 was welcomed news to the communities and law enforcement agencies still reeling from the ongoing influx of undocumented migrants which started after Biden was sworn in.

Federal officials admitted to Judge Robert Summerhays with the U.S. District Court for the Western District of Louisiana that once Title 42 is fully lifted, the number of border crossings are expected to “increase significantly” to as many as 18,000 migrants each day. As a result, last Friday the judge granted a request by 21 states for a preliminary injunction which forces the White House to comply with various federal rules before making any more changes to Title 42 enforcement.

In March 2020, the Centers for Disease Control and Prevention (CDC) under President Donald Trump invoked Title 42, which is part of the Public Health Services Act of 1944 aimed at preventing the spread of communicable diseases in the country. Title 42 allows federal officials to suspend the right to introduce migrants -including those seeking asylum- by sealing the land borders into the United States and expelling crossers back into Mexico or return them to their home countries.

Biden later loosened Title 42 to no longer apply to unaccompanied children or to certain migrants who can show a “significant law enforcement, officer and public safety, humanitarian, or public health” interest. 

For the month of April 2022, only 42 percent of crossers were expelled under Title 42, according to a report issued by Rep. John Katko of New York. By then, the CDC had announced Title 42 would end May 23, to be replaced by unspecified plans to control COVID-19 in other ways.

Arizona is among the states named as plaintiffs in the lawsuit, which contends the end of Title 42 will bring “much greater numbers of paroled aliens with non-meritorious asylum claims who were induced to enter the United States because of the Termination Order.”

Summerhays was assigned the states’ lawsuit and issued a temporary restraining order against Biden, the CDC, and federal immigration officials to keep Title 42 in place until the legal challenge is complete. 

Part of that challenge involves ensuring the U.S. Department of Homeland Security has a workable a plan ready to implement for border operations once Title 42 is lifted. The Administrative Procedures Act (APA) requires a public notice period, with sufficient time for comment, before the CDC’s Title 42 order can be ended. And there is a requirement that the CDC show its proposed change is not “arbitrary and capricious.”

The lawsuit contends keeping Title 42 in place until an APA-compliant plan is in place will prevent “an imminent, man-made, self-inflicted calamity: the abrupt elimination of the only safety valve preventing this administration’s disastrous border policies from devolving into an unmitigated catastrophe.”

Summerhays was asked to change the temporary order into a permanent injunction, which he considered last week. His May 20 ruling notes the states provided sufficient evidence to support their argument that the CDC’s announced termination of Title 42 will increase community and state costs for healthcare, education, and public safety as a result of “increased border crossings and that, based on the government’s estimates, the increase may be as high as three-fold.”

Arizona Attorney General Mark Brnovich called Summerhays’ ruling “a significant win,” and noted that maintaining Title 42 for now is vital.

“I’m grateful to the court for upholding the rule of law and helping maintain some level of sanity as we continue to battle the Biden-made border crisis,” Brnovich said.

In the meantime, U.S. Border Patrol Chief John Modlin of the Tucson Sector continues to tweet about the never-ending group of undocumented migrants and deadly fentanyl coming across the southwest border.

Modlin announced earlier this month that Tucson Sector agents hosted a binational training for immigration officers assigned to the Instituto Nacional de Migración. The training held at the Nogales Station included first aid and fentanyl exposure. It will enhance the handling of emergencies along the shared border, Modlin noted.

Modlin also recently hosted a delegation from Poland and the Baltic states to discuss  border security best practices. And he shared information about that two large groups of had been encountered by USBP agents near Lukeville.

Those taken into custody were citizens of Brazil, Chile, Cuba, Guatemala, and Peru.

Ducey Among 10 Governors Who Met In Texas To Announce Plan White House Can Utilize To Resolve Border Crisis

Ducey Among 10 Governors Who Met In Texas To Announce Plan White House Can Utilize To Resolve Border Crisis

By Terri Jo Neff |

Gov. Doug Ducey and nine other governors met Wednesday in Texas to announce a plan they say could be immediately implemented by the Biden Administration to address the crisis at the nation’s southwest border. The meeting came after more than two weeks of silence from President Joe Biden to a Sept. 20 request for a summit with 26 governors, including Ducey.

“We’ve tried to meet with the president and be part of the solution, but he refuses. No, worse — he ignores governors, just like he’s ignoring the border and the safety of the American people,” Ducey said, adding that the governors have publicly provided a comprehensive set of policy to end the border crisis immediately. “President Biden now has everything he needs to stop this crisis.”

The 10-point plan shared by the governors calls for the continued application of Title 42 to refuse entry to individuals coming into the U.S. due to COVID-19 public health risks (Point 1) as well as the dedication of additional resources to eradicate the surge in human and drug smuggling (Point 2).

Point 3 calls on Biden to enforce all deportation laws applicable to criminally-convicted illegal aliens, while Point 4 seeks the United States’ reentry with agreements previously in place with Mexico as well as with El Salvador, Guatemala, and Honduras -commonly referred to as the Northern Triangle.

The fifth point would ensure states are notified by the U.S. Office of Refugee Resettlement anytime the federal government transports migrants, including unaccompanied children, into a state that will be called upon to provide social services.

And the sixth point demands the President and all federal officials to “state clearly and unequivocally that our country’s borders are not open” and that migrants seeking economic opportunity in America should not abuse or misuse the asylum process.

Point 7 calls for the U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) to be provided with more resources for federal officers and agents. Meanwhile, Point 8 involves making additional judges and resources available to U.S. Immigration Courts to end the growing backlog and expedite court appearances for illegal migrants. There would also be an end to the Biden Administration’s current “catch and release policy” which makes it impossible to track immigrants who are otherwise free to travel anywhere in the country.

Under Point 9, the Migrant Protection Policy (MPP) would be reinstated in compliance with recent court rulings. MPP requires asylum seekers to return to Mexico to await court hearings.  And Point 10, according to the governors’ plan, would reactivate construction contracts to finish building the border wall as well as additional security infrastructure such as lights, sensors, and access roads.

Those participating in the meeting with Ducey and Texas Gov. Greg Abbott were Gov. Brian Kemp of Georgia, Gov. Brad Little of Idaho, Gov. Kim Reynolds of Iowa, Gov. Greg Gianforte of Montana, Gov. Pete Ricketts of Montana, Gov. Mike DeWine of Ohio, Gov. Kevin Stitt of Oklahoma, and Gov. Mark Gordon of Wyoming.  The attendees received a border briefing from Commissioner Steve McCraw of the Texas Department of Public Safety as well as Brandon Judd of the National Border Patrol Council.


Last month, Cochise County Sheriff Mark Dannels took issue with comments by U.S. Rep. Sheila Jackson Lee (D-Texas) who claimed the southwest border is “sovereign and secure” and that anyone who says otherwise is spouting “biased and unfair narratives for political purposes.”

Dannels, whose county shares 80 miles of border with Mexico, said Jackson Lee’s comments were “100 percent not true.” To support his position, the sheriff pointed to data compiled by the federal government which showed 183,000 border crossers taken into custody from Oct. 1, 2020 through Aug. 31, 2021 by the Tucson Sector of the U.S. Border Patrol.

During that same period, an estimated 115,000 “getaways” were reported in the Tucson Sector, Dannels said.

Those were just some of the 1,473,000 encounters with undocumented immigrants at the nation’s southwest border, a 325 percent increase from the same period last year.