Title 42 expiration – live: US-Mexico border faces crises as migrant influx of 10,000 per day predicted

Title 42, the Trump-era Covid-19 policy preventing individuals seeking asylum from entering the US on the pretext that they could pose a health risk, expired late last night, with Homeland Security officials now predicting 10,000 illegal crossing attempts per day.

In anticipation of the policy change, once more restoring the right to an asylum hearing, US border agents were preparing for a massive surge in people from Central America seeking asylum at the southern border with Mexico, in part by busing some migrants to cities and towns across the US.

As many as 15 buses carrying migrants released by Border Patrol are expected to leave Yuma, Arizona, today. Another bus carrying migrants from New York City has already arrived in Newburgh, New York.

Over the last three years, authorities have effectively used Title 42 as a makeshift solution to the country’s ongoing immigration crisis, with over 2.8m people turned away since its introduction.

With the policy’s termination, many are worried border towns will become overwhelmed. The likes of El Paso and Brownsville in Texas have already declared a state of emergency.

Key Points

• What is Title 42?

• Who is allowed in the United States after Title 42 expires?

• Homeland Security Secretary warns against illegal crossings

• Locals in border towns call the situation ‘a real crisis'

• Eric Adams weakens shelter mandate as NYC anticipates more migrant arrivals

Biden administration’s attempt to reduce overcrowding blocked by judge

16:30 , Ariana Baio

A federal judge in Florida blocked the Biden Administration’s attempt to reduce overcrowding in Border Patrol facilities by releasing migrants “on parole with conditions” into the US.

US District Judge T Kent Wetherell ordered the federal government to stand down the parole policy- one that allows Border Patrol to release migrants into the US without a formal court hearing.

Traditionally, migrant release on parole has been used to reduce overcrowding in border facilities.

The ruling came just hours before the pandemic-era Title 42 came to an end.

Homeland Security Secretary Alejandro Mayorkas commented on the ruling in an interview with Good Morning America.

“We consider it a very harmful ruling, the practice of releasing individuals when our border patrol facilities, when our border patrol stations are overcrowded is something that each administration has done from administration to administration,” Mr Mayorkas said.

Migrants are being lied to by smugglers

16:00 , Ariana Baio

People seeking asylum in the United States are being misled but smugglers, according to Homeland Security Secretary Alejandro Mayorkas.

Two Venezuelan migrants told BBC that smugglers and other migrants informed them they would not be able to enter the US if they presented themselves at the border so they should illegally cross the barriers.

“We trusted them, and were starting to move into the US. But we were stopped at a road block,” Jon Uzcategui said. “The agents told us that was all false.”

In a White House press conference on Thursday, Mr Mayorkas said that smugglers are falsely telling migrants that they can enter the US if they illegally cross the US-Mexico border

He called on people seeking asylum to enter the US through legal pathways.

“It’s extraordinarily dangerous, Mr Mayorkas said of the journey. “They are in the hands of ruthless smugglers.”

Mr Mayorkas said that they should not trust smugglers as they do not care about migrants well-being, only money.

WATCH: Alejandro Mayorkas describe border as a ‘difficult transition’

15:30 , Ariana Baio

60,000 people waiting to cross into US

15:00 , Ariana Baio

There are approximately 60,000 people waiting to cross into the US from Mexico, according to officials.

Title 42, the pandemic-era immigration law that allows authorities to turn people away from the border due to health reasons ended on Thursday evening at 11.59pm EST.

The end of Title 42 makes it both easier and more difficult for migrants and asylum seekers to enter the US.

While there are now harsh consequences for migrants who illegally enter the United States, there are also more policies that will allow for people seeking asylum to enter

Texas Border Force erecting barbed wire barriers along Rio Grande

14:30 , Joe Sommerlad

The river is a known, and highly dangerous, hotspot for illegal attempted border crossings so the state has been reinforcing its barriers in light of the anticipated surge from Title 42’s expiration.

Brownsville Police prepares auxiliary forces as Title 42 set to end

14:00 , Ariana Baio

Brownsville, Texas, a town that sits on the US-Mexico border has prepared its auxiliary forces in case they are needed as Title 42 ends tonight, 11 May, at 11.59pm.

“Our patrol division is continuing to do what they do, but in order to help out CBP we have officers who are working under a federal grant,” Martin Sandoval, Brownsville Police Department spokesperson, told CNN.

“We have our auxiliary forces ready, so our patrol services don’t get deployed, and our citizens are provided with the same service,” Mr Sandoval said.

Border towns like Brownsville are preparing for an influx of migrants and people seeking asylum.

International Rescue Committee: ‘Cruelty is not the route to order’

13:30 , Joe Sommerlad

David Miliband, president and CEO of the humanitarian NGO the International Rescue Committee (IRC) has said ending Title 42 was a “necessary step to restore the rule of law” but that “the IRC believes it is neither right nor practical to render illegal any attempt to claim asylum that is not based on a prior appointment”.

He said that many families arriving at the US border were fleeing for their lives and advocated “humane and effective” case management rather than detention.

“The evidence from around the world is that cruelty is not the route to order,” he said.

Is an ‘open border’ to blame for America’s fentanyl crisis?

13:00 , Joe Sommerlad

Joe Biden arrived in Mexico this week for a summit with president Andres Manuel López Obrador aimed at addressing the record amounts of illicit fentanyl being smuggled across the border into the US.

The fentanyl crisis has wreaked havoc in the United States, turning an already catastrophic opioid epidemic even deadlier. Of the estimated 107,622 fatal drug overdoses in the US in 2021 — the highest number ever recorded — fentanyl was responsible for two-thirds of deaths.

Richard Hall reports:

Is an ‘open border’ to blame for America’s fentanyl crisis?

Biden preoccupied by media optics, not realities of migrant surge, says ex-ICE chief

12:30 , Joe Sommerlad

Tom Homan, a former acting ICE director from the Trump era and now an immigration pundit at Fox, has told the network that President Biden and homeland security Alejandro Mayorkas care more about their public image than the situation on the ground as Title 42 expires.

“This is about the optics. They don’t want pictures of overcrowded facilities. That is all they’re concerned with – optics of the crisis, not concern of the crisis,” Homan insisted on The Story on Thursday.

“When Title 42 gets dropped and more people come across, they’re going to pull even more agents off the line to process or release [migrants] quickly,” he argued, alleging that the the Biden administration is prepared to do anything to prevent photographs of crowded holding facilities appearing in the press, as they did during Trump’s failed border crackdown.

He said the consequences of having fewer agents policing the line would be “more fentanyl gets across, more migrants die, more women and children trafficked to the United States, more known suspected terrorists [crossing] the border”.

“The national security job of the secretary is put on the back shelf because they don’t want that optics, they want everybody processed and released,” he said.

Biden’s plan to replace Title 42

12:00 , Joe Sommerlad

Title 42 has been used as a temporary solution to the US’s border crisis for the last three years but as it comes to an end, President Joe Biden will have to replace it with new policies.

Mr Biden indicated these new policies in a fact sheet released in January.

Here’s what he plans to do:

• Expand the parole process for up to 30,000 nationals of Nicaragua, Haiti and Cuba per month who have eligible sponsors and pass background checks. These people may come to the US for a period of two years and receive work authorisation.

• Increase the use of expedited removal to the country of origin for individuals who attempt to enter the US without permission or without a legal basis to remain. These individuals are also subject to a five-year ban on re-entry.

• Increase refugee admissions from Latin America and Caribbean countries.

• Launch a mobile application for migrants to schedule appointments to reduce wait times and crowds at US ports of entry.

• Increase humanitarian assistance by $23m in Mexico and Central America.

• Open legal pathways to the US via other countries like Canada, Mexico and Spain.

• Expand agents and active-duty military personnel to help Border Patrol.

Migrants could be stuck in border towns for weeks, Arizona mayor warns

11:30 , Joe Sommerlad

Jorge Maldonado, the mayor of Nogales, Arizona, has told Fox News that he is concerned that a lack of funding may result in migrants getting stuck in his city and other border towns for days or even weeks.

Mayor Maldonado told asylum seekers “there’s no need for people to rush the border”, arguing that US Customs and Border Protection can only process so many people per day.

“We can only process so many, Border Patrol and Customs are doing their best job and processing people, but we can only process so many.

“If we get flooded, the one thing that the city and the county are going to have problems with is funding to get those people out of here.

“You know, then you might be sitting here a couple of long days or weeks.”

Recap: Everything you need to know about Title 42

11:00 , Joe Sommerlad

Below you can find a complete guide to expiration of Title 42, a temporary Covid-era policy dating back to the Donald Trump era that has been used as a makeshift border control measure since the pandemic and whose passing has left Texas border cities bracing for a possible surge in migrants and asylum seekers arriving from Central America.

Without Title 42 in place, which allowed the US to repel migrants with providing asylum hearings, Title 8 will come back into play in its stead, once more permitting asylum seekers to apply for legal entry to the US.

Last night, US homeland security secretary Alejandro Mayorkas issued this message to those hoping to enter the US from Mexico.

Read more:

Title 42 explained: Has the policy expired – and when did it pass?

Eric Adams weakens shelter mandate as New York City anticipates more migrant arrivals after Title 42 expires

10:00 , Ariana Baio

New York City Mayor Eric Adams is weakening a decades-old right-to-shelter mandate to prepare for thousands of newly arrived people in the US after the expiration of a Trump-era policy that blocked hundreds of thousands of migrants from entering the country.

The mayor’s executive order suspends a rule that guarantees shelter for families with children if requested by 10pm, and it suspends a rule that prohibits families from living in group settings. The city and state anticipate hundreds of daily arrivals with the end of Title 42, which expires at midnight on 11 May.

“No one thought about a humanitarian crisis when they took this court case to a right to shelter,” the mayor said in remarks on Thursday, referencing the 1981 consent decree that guides the statewide mandate. “We could potentially get thousands of people a day in our city. It’s wrong for those who are coming here … and it’s wrong for New Yorkers who are here.”

Alex Woodward reports:

Eric Adams weakens shelter mandate as New York City brace for Title 42’s expiration

What is Title 8?

09:00 , Ariana Baio

Before there was Title 42, there was Title 8 which allowed authorities to remove migrants who crossed into the US illegally.

Under Title 8, migrants caught crossing illegally will be deported and given a five year ban on re-entering as well as potential criminal charges.

The harsh consequences will restart at midnight on 12 May.

Homeland Security Secretary Alejandro Mayorkas told migrants seeking to come to the US southern border illegally not to, indicating there would steeper consequences.

WATCH: El Paso mayor give press conference on Title 42 ending

08:00 , Ariana Baio

Locals in border towns call the situation ‘a real crisis'

07:00 , Ariana Baio

Border towns are already overwhelmed by the number of migrants and asylum seekers hoping to cross over into the US legally and with Title 42 coming to an end tonight, many are worried for what’s to come.

“It’s a real crisis,” said Father Rafael Garcia, a priest at Sacred Heart Church in El Paso, Texas told The New York Times.

Over 600 migrants are seeking temporary shelter in El Paso as they await the end of Title 42 to then enter the US legally, according to the El Paso Times.

But without places to stay, people have made makeshift shelters on the street.

“If this is now, what is it going to look like after May 11? How is this going to unfold?” Father Garcia said.

Photos show migrants crossing Rio Grande

06:00 , Ariana Baio

US secretary of homeland security joins White House briefing as Title 42 border rules lifted

05:00 , Ariana Baio

Secretary of homeland security, Alejandro Mayorkas, joined Karine Jean-Pierre’s daily White House press briefing on the day that Title 42 border restrictions are lifted.

Benjamin Salmon reports:

Homeland Security Secretary warns against illegal crossings

04:00 , Ariana Baio

As Title 42’s expiration date looms, Homeland Security Secretary Alejandro Mayorkas warned migrants about crossing the US southern border illegally by making it clear that the US’s borders, “are not open.”

Mr Mayorkas made it very clear that the lifting of Title 42 would not make it easier for those seeking asylum to enter the US - something he claims “smugglers” have lied about.

“If anyone arrives at our southern border after midnight tonight, they will be presumed ineligible for asylum and subject to steeper consequences for unlawful entry, including a minimum five-year ban on reentry and potential criminal prosecution,” Mr Mayorkas said during the White House press briefing on Thursday.

Homeland Security Secretary says immigration laws are outdated

03:00 , Ariana Baio

Homeland Security Secretary Alejandro Mayorkas blamed Congress for the lack of organisation at the southern border in a press conference on Tuesday.

“Our current situation is the outcome of Congress leaving a broken, outdated immigration system in place for over two decades, despite unanimous agreement that we desperately need legislative reform,” Mr Mayorkas said.

“It is also the result of Congress’s decision not to provide us with the resources we need and that we requested. Our efforts within the constraints of our broken immigration system are focused on ensuring that the process is safe, orderly and humane, all while protecting our dedicated workforce and our communities,” he added.

Many Congressional Republicans have pointed the finger at President Joe Biden for the chaos.

What is Title 42 and why is it expiring tonight?

02:00 , Ariana Baio

Border cities in Texas are bracing for an influx of migrants and asylum seekers as the Trump-era Covid policy Title 42 comes to an end this week.

The rule, which was rolled out in March 2020 by the Centers for Disease Control and Prevention (CDC), allowed officials to prevent people from entering the country and spreading Covid-19. More than 2.8 million people were turned away from the country’s southern border over the past three years.

Ariana Baio reports:

What is Title 42 and why is it ending tonight?

What comes next after Title 42?

01:32 , Graeme Massie

The end of a Trump-era public health order brings new barriers for people seeking asylum in the US.

What comes next after Title 42?

Migrants arrive in outside of vice president’s home in DC

01:00 , Ariana Baio

A busload of approximately 30 migrants from Texas arrived in Washington DC Thursday morning, as the US prepares to receive an influx of asylum seekers.

Gary Grumbach, an NBC News reporter filmed a video of the migrants arriving near the home of Vice President Kamala Harris.

“Many on the bus told me they were from Venezuela,” Mr Grumbach tweeted

Understanding Title 42

Friday 12 May 2023 00:00 , Ariana Baio

Under the Trump-era pandemic policy, migrants who showed up at the border seeking asylum could be turned away.

More than 2.8m people were turned away at the border- the only exemptions were families and children traveling alone.

However, if someone crossed illegally they were not detained or arrested which prompted many to attempt to cross the border illegally.

As of 11.59pm EST on 11 May, Title 42 will end and new Biden-era policies will begin under Title 8.

Buses carrying migrants arrive in towns and cities across US

Thursday 11 May 2023 23:30 , Ariana Baio

As the US prepares for a massive influx of migrants, some are being bussed to airports to head for other parts of the country.

At least fifteen buses carrying migrants released by Border Patrol are thought to be leaving Yuma, Arizona today - according to a migrant services group per The New York Times.

They are apparently headed for the Phoenix airport where they will continue their travels.

Another two buses of migrants from New York City were brought to the suburb of Newburgh, New York.

Several cities like Washington DC are preparing for an increase in the number of migrants.

Border holding facilities over capacity

Thursday 11 May 2023 23:00 , Ariana Baio

The US Border Patrol is allegedly already over capacity by approximately 10,000 people in its holding facilities, according to internal agency data obtained by The New York Times.

US border towns like El Paso, Brownsville and Laredo are already overwhelmed by the number of migrants seeking asylum as they prepare for the end of Title 42. But tens of thousands of more people are expected to come to the border.

Despite President Biden deploying an additional 1,400 Homeland Security Department employees, the situation appears chaotic and disorganised.

The internal agency data indicated that over 11,000 migrants had crossed through the southern border illegally in the last two days.

WATCH: Thousands of migrants gather at border

Thursday 11 May 2023 22:30 , Ariana Baio

VOICES: Trump’s restrictive immigration policy is ending – but his politics remain under Biden

Thursday 11 May 2023 22:00 , Ariana Baio

VOICES: For Republicans, ending Title 42 has been a political boon. GOP senators largely dashed any hopes of another Covid-19 relief package last year on the basis of Mr Biden’s decision to end the policy.

Eric Garcia writes:

Trump’s restrictive immigration policy is ending – his politics remain under Biden

Who is allowed in the United States after Title 42 expires?

Thursday 11 May 2023 21:30 , Ariana Baio

Once Title 42 ends at 11.59pm EST tonight, the US will revert back to Title 8, the former immigration legislation. But the Biden administration has enacted several new policies to ensure more people seeking asylum will have access to the US.

The US will now accept up to 30,000 people from Venezuela, Haiti, Nicaragua and Cuba per month- so long as they arrive by air, have a sponsor and apply online.

An additional 100,000 people from Guatemala, El Salvador and Honduras will also be permitted into the US if they have family here and apply online.

An estimated 1,000 migrants, not from the named counties, will be admitted per day as well- so long as they apply through the new immigration mobile application.

US warns migrants against illegal crossings as Title 42 set to expire: ‘Our border is not open’

Thursday 11 May 2023 21:00 , Ariana Baio

Homeland Security Secretary Alejandro Mayorkas on Thursday warned migrants that the end of pandemic-era border restrictions will not enable them to enter the United States by crossing the US-Mexico border.

Mr Mayorkas appeared at the daily White House press briefing to explain the Biden administration’s preparations for the end of Title 42 – a Trump-era public health restriction which allowed most asylum seekers to be quickly turned back – and stressed that despite the end of the controversial policy, America’s borders “are not open”.

Andrew Feinberg reports:

US warns migrants against illegal crossings: ‘Our border is not open’

Marjorie Taylor Greene says US should re-elect Trump because of Title 42 ending

Thursday 11 May 2023 20:31 , Ariana Baio

Georgia Representative Marjorie Taylor Greene tweeted that people should re-elect former president Donald Trump for “a third time” because the Biden Administration is getting rid of Title 42.

Title 42 was a part of the CDC’s public health emergency which was enacted in March 2020 to help prevent the spread of Covid-19.

“Joe Biden, the man responsible for defending our country, is compromised and a threat to our national security,” Ms Greene tweeted on Wednesday.

“In just a few hours, Joe Biden will allow Title 42 to terminate and he will open the flood gates to a border crisis never before seen and never thought possible,” Ms Greene wrote.

Title 42 is ending due to the Biden administration officially ending the public health emergency.

For the last three years, Title 42 has been used as a temporary solution to the border crisis, which has existed for yeras.

Republicans, like Ms Greene, have blamed Mr Biden for allowing an influx of migrants in.

El Paso mayor says city is ‘preparing for the unknown'

Thursday 11 May 2023 20:00 , Ariana Baio

El Paso Mayor Oscar Leeser said the city was “preparing for the unknown” as the end of Title 42 looms over border cities.

In a press conference on Wednesday, Mr Leeser said it was unclear whether there would be mainly families or single adults crossing the border but numbers would be “somewhere between five to eight to maybe 10,000 that are prepared to come.”

“Our goal is to make sure they are here between 24 to 72 hours, this is only temporary sheltering,” Mr Leeser said.

Mr Leeser said he wants to help asylum seekers because once they receive their asylum number they’re free to go wherever they want.

Brownsville Police prepares auxiliary forces as Title 42 set to end

Thursday 11 May 2023 19:30 , Ariana Baio

Brownsville, Texas, a town that sits on the US-Mexico border has prepared its auxiliary forces in case they are needed as Title 42 ends tonight, 11 May, at 11.59pm.

“Our patrol division is continuing to do what they do, but in order to help out CBP we have officers who are working under a federal grant,” Martin Sandoval, Brownsville Police Department spokesperson, told CNN.

“We have our auxiliary forces ready, so our patrol services don’t get deployed, and our citizens are provided with the same service,” Mr Sandoval said.

Border towns like Brownsville are preparing for an influx of migrants and people seeking asylum.

Homeland Security Secretary warns against illegal crossings

Thursday 11 May 2023 19:00 , Ariana Baio

As Title 42’s expiration date looms, Homeland Security Secretary Alejandro Mayorkas warned migrants about crossing the US southern border illegally by making it clear that the US’s borders, “are not open.”

Mr Mayorkas made it very clear that the lifting of Title 42 would not make it easier for those seeking asylum to enter the US - something he claims “smugglers” have lied about.

“If anyone arrives at our southern border after midnight tonight, they will be presumed ineligible for asylum and subject to steeper consequences for unlawful entry, including a minimum five-year ban on reentry and potential criminal prosecution,” Mr Mayorkas said during the White House press briefing on Thursday.

Title 42, which will be lifted at 11.59 pm EST tonight, 11 May, will end the Trump-era Covid policy that made it easier for authorities to turn away migrants at the border.

Eric Adams weakens shelter mandate as NYC anticipates more migrant arrivals

Thursday 11 May 2023 18:35 , Ariana Baio

New York City Mayor Eric Adams is weakening a decades-old right-to-shelter mandate to prepare for thousands of newly arrived people in the US after the expiration of a Trump-era policy that blocked hundreds of thousands of migrants from entering the country.

The mayor’s executive order suspends a rule that guarantees shelter for families with children if requested by 10pm, and it suspends a rule that prohibits families from living in group settings. The city and state anticipate hundreds of daily arrivals with the end of Title 42, which expires at midnight on 11 May.

Alex Woodward reports:

Eric Adams weakens shelter mandate as New York City brace for Title 42’s expiration

Mayorkas says there will be ‘tougher consequences’ for illegal border crossing

Thursday 11 May 2023 18:15 , Ariana Baio

In a speech, Homeland Security Secretary Alejandro Mayorkas said the lifting of Title 42 “does not mean our borders are open” and indicated there will be “tougher consequences” for people who cross the border illegally.

“An individual who is removed under Title 8 is subject to a least a five-year bar on re-entry,” Mr Mayorkas said.

Under Title 42, those who attempted to cross the border would be turned away.

Mr Mayorkas sent a message to those thinking of making the journey to the border, “The smugglers care only about profit, not people they do not care about you, or your well-being.”

“Do not believe their lies. Do not risk your life and your life savings only to be removed from the United States if, and when, you arrive here.”

WATCH: Massive line forms day Title 42 ends

Thursday 11 May 2023 17:50 , Ariana Baio

Locals in border towns call the situation ‘a real crisis'

Thursday 11 May 2023 17:30 , Ariana Baio

Border towns are already overwhelmed by the number of migrants and asylum seekers hoping to cross over into the US legally and with Title 42 coming to an end tonight, many are worried for what’s to come.

“It’s a real crisis,” said Father Rafael Garcia, a priest at Sacred Heart Church in El Paso, Texas told The New York Times.

Over 600 migrants are seeking temporary shelter in El Paso as they await the end of Title 42 to then enter the US legally, according to the El Paso Times.

But without places to stay, people have made makeshift shelters on the street.

“If this is now, what is it going to look like after May 11? How is this going to unfold?” Father Garcia said.

White House expected to conduct briefing

Thursday 11 May 2023 17:10 , Ariana Baio

The White House is expected to brief reporters and respond to questions about Title 42 ending at 1pm EST today.

White House Press Secretary Karine Jean-Pierre will be joined by Homeland Security Secretary Alejandro Mayorkas

Biden’s plan to replace Title 42

Thursday 11 May 2023 16:20 , ariana.baio

Title 42 has been used as a temporary solution to the US’s border crisis for the last three years but as it comes to an end tonight, President Joe Biden will have to replace it with new policies.

Mr Biden indicated these new policies in a fact sheet released in January.

Here’s what he plans to do:

• Expand the parole process for up to 30,000 nationals of Nicaragua, Haiti and Cuba per month who have eligible sponsors and pass background checks. These people may come to the US for a period of two years and receive work authorisation.

• Increase the use of expedited removal to the country of origin for individuals who attempt to enter the US without permission or without a legal basis to remain. These individuals are also subject to a five-year ban on re-entry.

• Increase refugee admissions from Latin America and Caribbean countries.

• Launch a mobile application for migrants to schedule appointments to reduce wait times and crowds at US ports of entry.

• Increase humanitarian assistance by $23m in Mexico and Central America.

• Open legal pathways to the US via other countries like Canada, Mexico and Spain.

• Expand agents and active-duty military personnel to help Border Patrol.

Photos from US-Mexico border increase in asylum seekers

Thursday 11 May 2023 16:04 , Ariana Baio

What is Title 42?

Thursday 11 May 2023 15:28 , Ariana Baio

In an effort to reduce the spread of Covid-19 in March 2020, the CDC issued a public health order that allowed authorities to prevent migrants and asylum seekers at US borders from entering the country.

Over the last three years, Title 42 was used to turn away more than 2.8 million people seeking asylum from the US’s southern border.

But with the end of the Covid-19 the public health emergency comes the end of Title 42.

What was once used to manage the border will now end at 11.59pm EST, causing an influx of migrants.

Read more from The Independent:

What is Title 42 and why is it ending this week?