President Biden says Title 42 enforcement will continue, libertarian policy analyst says policy makes U.S.-Mexico border situation worse

Published: Dec. 28, 2022 at 4:53 PM EST

WASHINGTON (Gray DC) - Title 42, a policy that allows border agents to immediately remove some asylum-seeking migrants from the U.S. will remain in place until likely next summer.

The U.S. Supreme Court ruled 5-4 Tuesday night to let the policy carry on, and the Biden Administration says it will follow the court’s ruling.

Title 42 was set to expire it, and a group of Republican attorneys general are now celebrating a victory with the Supreme Court holding Title 42 in place.

Arizona Attorney General Mark Brnovich said in a statement, “Our office has been proud to lead the charge on this important issue. It’s disappointing the Biden administration is willing to sacrifice the safety of American families for political purposes.”

The Biden administration wanted to let Title 42 expire saying it’s overdue and should not be extended indefinitely, however, President Biden said on Tuesday evening that his administration has to enforce it following the Supreme Court ruling.

Republicans on Capitol Hill criticized the administration for wanting to let the policy expire, some saying it would have catastrophic effects and fuel a humanitarian and security crisis.

David Bier, an immigration policy expert from the Cato Institute, a libertarian think tank, is critical of the policy. He partially blames Title 42 for overwhelming border communities in Texas and Arizona.

Bier said, “As long as Title 42 is around, we’re going to have the chaos. We’re going to have all of the people trying to evade detection.”

Bier argues that the policy encourages migrants to enter illegally instead of claiming asylum at a port of entry, and said the policy is causing repeat illegal crossings.

Bier said, “It’s clear as day to anyone who looks at the numbers that this policy has failed and will continue to fail for the rest of the time that it’s in place.”

There are more than a million and a half asylum applications pending, a record high according to analysis by Syracuse University.