Our country has an addiction to a toxic policy: Title 42

By Elket Rodríguez

“The definition of insanity is doing the same thing over and over and expecting different results.” -Albert Einstein

The Biden administration has become addicted to Title 42 –the order that authorizes the rapid expulsion of migrants at the U.S.-Mexico border due to the threat of COVID-19. And like all addictions, the real problems are avoided.

Since the rapid expulsion of migrants through Title 42 do not constitute a formal deportation, those expelled to Mexico, Guatemala or Colombia under the policy can re-enter the U.S. again without being subject to legal penalties. This has caused the number of repeat crossers and border arrests to soar in the past year, stressing the resources of Customs and Border Patrol officials. Using Title 42 as a strategy to cope with the numbers of migrants arriving at the U.S.-Mexico border creates more problems.   

Plus, the origins of the implementation of Title 42 are questionable, if not corrupt. The Washington Post reports, “[Martin Cetron, a CDC official on migration,] criticized a federal order, Title 42…as an example of a poorly constructed policy on which CDC experts were overruled. The order was 'handed to us,’ Cetron told the panel, saying that then-White House adviser Stephen Miller was among the officials who discussed the immigration restrictions. … While Cetron said he and his team opposed the order, arguing that it lacked a scientific basis because the coronavirus was already widely spreading in the United States and could lead to harm for asylum seekers, [CDC Director] Redfield signed Title 42 in March 2020.”

The latest proof of the Department of Homeland Security’s reliance on Title 42 is the announcement of the new migration enforcement process for Venezuelans –which would turn away Venezuelan asylum seekers who do not have family in the United States. Resorting to Title 42 will not address the needs of asylum seekers for a legal decision on their asylum claims nor will it reduce border arrests.

Like all addicts, the Biden administration needs an urgent consensus reality intervention because “the fix” is not working. So, before reaching rock bottom, I want to facilitate the process of intervention for the administration. Here are five facts to assist the government in eliciting changes in its Title 42 dependency behavior.

Title 42, like all addictions:

• Creates a toxic dependency: Title 42 –which was first implemented in March 20, 2020– was supposed to be a temporary policy to mitigate the spread of COVID-19. Now, it has become a permanent fixture at the border serving as the path of least resistance whenever the administration needs to reduce the time to process migrants.

• Foments a lack of purpose and direction: Title 42 is not a real strategy. Since Title 42 has been implemented the number of border arrests has soared to record highs: 1.7 million arrests in fiscal years 2021 and 2.3 million arrests during the government’s 2022 fiscal year.

• Creates more damage with time: Two consecutive record high fiscal years in border arrests will be followed by a third one if the administration does not end Title 42.

• Affects most those who need more protection: Human Rights First has flagged over 10,000 reports of migrants kidnappings, physical aggressions and sexual violence cases, since President Biden was elected into office.

• Compromises essential values: The U.S. –known historically for protecting the persecuted and defending the human right to seek asylum– is denying access to asylum to millions of migrants every year. Even United Nations High Commissioner for Refugees, Filippo Grandi, has requested the end of Title 42 per international and local law.

Watching the administration rely on Title 42 is similar to observing an addict in his cycle. To find its way, the administration needs to come out of denial and find the will to terminate Title 42. At first, it will take time, but it is necessary. Returning to any system that quickly attends to the asylum claim of migrants summarily is much better than what we have today.

Elket Rodríguez is a CBF field personnel serving in the Rio Grande Valley, and an immigration policy expert.