The states argue that the pending Title 42 lift "is not only bad policy but is in breach of the notice-and-comment requirements." (Side note: Title 42 was instituted in March 2020 without notice-and-comment). 

"We are doing everything we can to prepare for this increase, ensure we continue to process people humanely, and impose consequences on those who break the law," said U.S. Customs and Border Protection Commissioner Chris Magnus, per Ellen M. Gilmer of Bloomberg Government. 

In an op-ed for Politico, immigration policy analyst Sam Peak takes a deeper dive into the problems of Title 42. While most Democrats and Republicans can agree that there is no longer a public health rationale for the policy "the benefits of repealing or leaving in place Title 42 are not as straightforward as either border security or human rights advocates claim." 

Still, "the procedural steps that Title 42 bypasses are critical for the U.S.’s ability to target smuggling networks and discourage repeat crossings," with the policy’s quick expulsion of migrants giving Border Patrol agents "no time to collect intelligence from migrants concerning nearby smugglers and other illegal activity." 

The CDC’s announcement to rescind Title 42 is a step in the right direction. But the Biden administration still needs a plan in place to do so while also "expanding legal channels for those in pursuit of a better life," Peak concludes.  

Such channels are needed for people like Marleny and her son, who fled death threats in Guatemala and yet, were initially denied refuge in the U.S. when they needed it most, per Uriel J. García of The Texas Tribune. 

Our statements on the need to end Title 42 and prioritize better border policies underscore many of these points. For more on the politics of it all, see Oliver Laughland’s piece in The Guardian. 

Welcome to Tuesday’s edition of The Forum Daily, formerly Noorani’s Notes. If you have a story to share from your own community, please send it to me at [email protected]. And if you know others who’d like to receive this newsletter, please spread the word. They can subscribe here. 

PAPER VS. REALITY — An estimated 16,000 Afghan refugees who were placed in the priority refugee program eight months ago are still waiting for their applications to be processed, signaling "potential challenges for Ukrainians hoping to reach the U.S.," report Jessica Donati and Michelle Hackman of The Wall Street Journal. "On paper, there is a program, there is some sort of nominal process," said Sunil Varghese, policy director at the International Refugee Assistance Project (IRAP). "But it doesn’t seem like there’s the political will to make this a big, robust thing." Meanwhile, for NowThis, Lutheran Immigration and Refugee Service’s Krish O’Mara Vignarajah breaks down how we can continue to support Ukrainian refugees.  

SHAHAB’S JOURNEY — Hannah Ray Lambert of Coffee or Die Magazine recounts a family of 1o’s incredible journey from hiding in Afghanistan to finding refuge in Houston, Texas. Shahab had worked with the U.S. military for over 15 years and spent time as an interpreter for Kevin Rardin, a judge advocate general in the Army Reserves. After Rardin returned to the U.S. in 2008, they stayed connected. Shahab began calling Rardin "Uncle Kevin" and by 2016, Rardin had helped him apply for a Special Immigrant Visa (SIV). But by the time Shahab’s SIV was approved, the Taliban had taken over. Understanding the severity of the situation, Uncle Kevin called upon a coalition of veterans known as "digital Dunkirk" to help Shahab and his family escape. "They deserve a lot, and they did a lot for me," Shahab said. "I wish, one day, I could return their favor." 

On local welcome: 

• A group of University of Cincinnati Clermont College students, paralegals and lawyers helped process 100 humanitarian visa applications for Afghan refugees in November. "It’s not getting better for those waiting; it’s getting worse," said student paralegal Barbara Rugen. "... I will probably come back to UC Clermont and do this again." (Cincinnati Edition) 
• Two families and a military veteran from Idaho have worked together to help welcome and assist an Afghan family of 11: "The same way we would take care of our military families, we take care of the interpreters that gave us the ability to be safer, reduce risk and allow our comrades to come home," said Alex Castagno. "So we should treat them the same way that we treat our own." (Candice Hare, KMVT/KSVT) 

DEPORTATION DISCRETION — The Biden administration issued a memo to ICE prosecutors on Monday permitting them to consider dismissing certain deportation cases "involving immigrants who did not cross the border recently and are not public safety threats," reports Hamed Aleaziz of BuzzFeed News. "Prosecutorial discretion is an indispensable feature of any functioning legal system," wrote chief ICE attorney Kerry Doyle in the new guidance. It "can preserve limited government resources, achieve just and fair outcomes in individual cases, and advance DHS’s mission of administering and enforcing the immigration laws of the United States in a smart and sensible way that promotes public confidence." 

POPE PROMOTES PEACE — Pope Francis urged humanity and kindness at a Maltese migrant welcome center and "Peace Lab" Sunday, Elise Ann Allen reports for Crux. Drawing parallels between a Biblical shipwreck in Malta and the shipwrecks of migrants attempting to cross the Mediterranean in recent years, the pope said, "In these events we see another kind of shipwreck taking place: the shipwreck of civilization, which threatens not only migrants but us all." This can only be stopped, he added, "by acting with kindness and humanity — by regarding people not merely as statistics, but…for what they really are."