Border Challenges Require Humane, Effective Solutions

WASHINGTON, D.C. — A Supreme Court decision today means that Title 42, an asylum-blocking measure first implemented as an emergency measure during the COVID-19 pandemic, remains in place for now.

The court will determine whether 19 states will be permitted to intervene in a lawsuit challenging the legality of the policy. 

"Title 42 is a failed border framework," said Jennie Murray, President and CEO of the National Immigration Forum. "It benefits smugglers, contributes to disorder at the border and is partially to blame for an increase in border crossings. November’s high number of border encounters is only the latest example.

"President Biden and Congress must implement secure, orderly and compassionate border solutions immediately. Border communities already have been experiencing challenges from the anticipated short-term increase in migration with Title 42’s end.

"We are encouraged that the administration has been planning to deal with increased migration upon Title 42’s end. It must follow through with humane, effective responses. It must not resort to exclusively deterrence-focused measures that do not work, such as restricting asylum between ports of entry, preventing asylum claims from people who have traveled through third countries, or instituting Title 42’s provisions under another name.

"Ultimately, Congress must also lead and address the border as part of broader, equally urgent immigration reforms."

Last week, the National Immigration Forum published a white paper about steps the Biden administration can take to provide alternatives to migrants who might otherwise attempt a dangerous journey to the U.S. southern border.

 ###