John,

It’s been more than two years since the Trump administration implemented Title 42, the pandemic-era policy that allows government officials to immediately expel migrants at the border. The protocol, which is currently the subject of multiple legal challenges, prevents migrants from accessing the asylum system and encourages recidivism, leading many to attempt multiple separate entries over a short period of time.  

Reflecting the evolving understanding of COVID-19 risks and responses, experts agree that any public health rationale for Title 42 has long since faded.  

But more than two years after this emergency policy was introduced, the Biden administration has yet to rescind it and to restore access to protections for asylum seekers fleeing danger and persecution. 

Relying on Title 42 as a key component of our border management strategy has not worked. The policy has proved extremely dangerous for migrants, reduced order at the border, and benefited smugglers and cartels. 

Tell the Biden administration to end this cruel, inhumane policy.  

The Biden administration expects human trafficking networks in Mexico and Central America to exploit an end to Title 42, which only further demonstrates the need to not only wind down the policy, but also to replace it with a more humane and more orderly process. 

A new approach will require the administration to work with Congress, border communities, nonprofits, and local law enforcement to build sustainable solutions that keep our border secure while treating all arriving migrants with dignity.  

Recently, the Biden administration announced new policies addressing asylum and border management. While implementation of the policies is several weeks away, and many open questions remain, they could serve as a welcome first step towards replacing Title 42 with a border strategy that actually works 

But ultimately, we will not be able to fully address the situation at our border without Congress acting to provide necessary resources and reforms. 

That’s why, as a member of the Alliance for a New Immigration Consensus (ANIC), we’re calling for Congress to act – and take a modern approach to the border by investing in smart border security, improving infrastructure at ports of entry, and creating orderly, compassionate border processing procedures that recognize the rights of asylum seekers to due process under U.S. law. 

Title 42 has caused chaos at the border, inflating border crossings and playing into the hands of cartels and smuggling groups. It has returned migrants to danger and left them without any opportunity to seek protection. We can do better at the border. Take action now to urge the Biden administration to end Title 42 and urge Congress to take a modern approach to securing our border. 

Thank you,  

Danilo Zak 
Policy and Advocacy Manager 
National Immigration Forum