A look at the Biden admin’s proposal to replace Title 42
Image: Kevin Lamarque/Reuters
On Tuesday, the Biden administration proposed a new immigration law that would prohibit the vast majority of migrants from being able to seek asylum at the US southern border. It now enters a 30-day public comment period, before likely taking effect in early May.
🤔 Why it’s a big deal: The proposal is intended to replace a Trump-era Covid immigration policy called Title 42, which allows the US to rapidly deport most migrants who seek asylum. The old law is set to expire on May 11, alongside the federal Covid public health emergency.
📝 So, what would the new law entail?... For the next two years, US officials would presume that all migrants who illegally cross the southern border are ineligible for asylum – meaning they’d be deported upon capture (though exceptions would be made for unaccompanied minors and those dealing with medical emergencies or imminent threats to their safety).
The Biden admin’s measure would also establish several new requirements that asylum-seekers would need to follow in order to legally immigrate into the US.
- Migrants passing through other countries on their way to the US would have to first seek protection in those nations before attempting to claim asylum in the US.
- People who try to enter the US without utilizing “lawful, safe and orderly pathways” – such as applying for an asylum appointment through a smartphone app, or enrolling in a country-specific humanitarian parole program – would also be deported.
📸 Big picture: The US Border Patrol made 2.4 million migrant arrests on the southern border last fiscal year – a 37% increase from the previous year as well as the highest number ever recorded, per federal data published in November.
- But officials have consistently said arrest numbers over the past few years overstate the amount of unique individuals trying to illegally cross the border, since many migrants are released back into Mexico under Title 42 and then try to cross again.
📊 Flash poll: How do you feel about the Biden administration’s proposed immigration law?
See a 360° view of what media pundits are saying →
Sprinkles from the Left
- Some commentators argue that President Biden’s immigration plan represents a step in the right direction, and express disappointment that some progressives within the Democratic party are pushing back on attempts to bring the current border chaos under control.
- Others contend that recent events show that both Democrats and Republicans can’t seem to agree – even within their own party – on how best to address immigration reform.
- “Progressives push back on bid to ease border crisis” –The Boston Globe Editorial Board
- “Searching for a way forward on immigration” –Jamie Dupree, Atlanta Journal-Constitution
- “When it comes to immigration policy, Biden is increasingly Trump-like” –Moustafa Bayoumi, The Guardian
Sprinkles from the Right
- Some commentators argue that Biden’s so-called ‘new’ immigration plan is simply a retread of former President Trump’s “Remain in Mexico” plan – which is ironic \, given how Biden campaigned on how racist Trump’s immigration policy was.
- Others contend that Democrats’ lukewarm or outright angry response to Biden’s new immigration policy shows that the party simply wants no security at all at the southern border.
- “Biden Called Trump Racist Over Immigration. Now He's Stealing His Policy (and Ruining It)” –Pamela Denise Long, Newsweek
- “Democrats complain that Biden is even considering restricting illegal immigration” –Zachary Faria, Washington Examiner
- “More Immigrants, More Businesses, More Jobs” –James Freeman, WSJ
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