Biden Admin Says It Will Terminate Trump-Era Immigration Restrictions

Title 42 allows border agents to immediately expel illegal immigrants

Getty Images
February 8, 2023

The Biden administration told the Supreme Court on Tuesday it will end the Trump-era Title 42 policy, which allows border agents to expel migrants at the border, as the country faces a growing illegal immigration crisis.

U.S. Solicitor General Elizabeth Prelogar submitted a filing to the High Court, which is weighing a case on the policy, saying the White House will allow Title 42 to expire in May when the administration's COVID-19 public health emergency ends, CNN reported.

The Trump administration created the policy in March 2020 to combat the spread of COVID-19 across the nation’s border, allowing border officials to immediately expel thousands of illegal immigrants. White House press secretary Karine Jean-Pierre in December, however, announced the White House’s intention to end the Trump policy as it faced legal challenges in the courts.

"Title 42 is a public health measure, not an immigration enforcement measure, and it should not be extended indefinitely," Jean-Pierre said.

Republicans criticized the White House's move as thousands of illegal immigrants cross the border each day.

"Getting rid of Title 42 will recklessly and needlessly endanger more Americans and migrants by exacerbating the catastrophe that is occurring at our southern border," said Arizona attorney general Mark Brnovich (R.). "Unlawful crossings are estimated to surge from 7,000 per day to as many as 18,000."

Rep. Mike Garcia (R., Calif.) accused the Biden administration of lying to the American people, saying the end of the public health emergency does not require an end to Title 42.

"Title 42 should remain in place as it's the only backstop to an open border. We must keep this policy in place and work to strengthen border security," Garcia wrote on Twitter.