“It is very important to note that while, of course, we are preparing for the end of Title 42 based on the Centers for Disease Control and Prevention’s decision that it will end on May 23, that does not mean that the border is open beginning May 23,” Mayorkas insisted during a press conference after speaking with border patrol.
“We continue to enforce the laws of this country. ‘We continue to remove individuals who do not qualify for relief under the laws of this country,” he continued.
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Mayorkas’ visit to the border comes less than a week before U.S. Code Title 42 § 265 is rescinded, a standard in place since the start of the COVID-19 pandemic that permits the surgeon general to limit migration based on public health risk.
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According to NBC News, Customs and Border Protection announced they encountered 234,088 migrants crossing from Mexico into the U.S. in April, a 5.8% gain from March and a 22-year high.
The states of Arizona, Missouri, and Louisiana filed a lawsuit in the Western District of Louisiana last month attempting to extend the policy. The states claim the Biden Administration failed to account for the cost to states if the measure were to be rescinded due to NPR.
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“What we’re arguing is, look, they haven’t gone about this the right way in the first place. They haven’t had a notice and comment period - if you wanted to rescind this at all,” Missouri AG Eric Schmitt explained to Fox News in April. “They’re supposed to weigh the downside with what they’re advocating for. They haven’t done it, so we think we’ll be successful.”
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Judge Robert Summerhays has not yet ruled on the case, yet the federal judge could block the Administration from ending Title 42.
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Morale among border agents has been at an all-time low as migration proceeds to surge amid staffing issues and policies they feel exacerbate the crisis. President Biden has declined to visit the border since taking office. Instead, he delegated the matter to Vice President Kamala Harris, who has only gone to the U.S.-Mexico border once.
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Border states are witnessing massive migration numbers – and even Mayorkas has admitted that it will grow with the end of Title 42. Some estimates show the average number of crossings per day going from 8,000 to 18,000 once the policy is no longer effective.
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