Today, Congressman Kelly Armstrong (R-ND) joined Congresswoman Mariannette Miller-Meeks (R-IA) and 61 House Republicans in a letter to Department of Homeland Security Secretary Alejandro Mayorkas seeking answers on the administration's plans to secure the border and support Customs and Border Protection (CBP) after the Title 42 policy is lifted. The letter comes after the announcement that the Biden administration plans to stop enforcing Title 42 on May 23rd, 2022.
The members wrote, "Title 42 is the strongest tool available to deter illegal immigration into our country and keep our borders secure during the COVID-19 pandemic. Our U.S. Customs and Border Protection (CBP) agents and officers are already overwhelmed, and this decision will only exacerbate the current crisis."
In their letter, the members asked the administration to answer five specific questions regarding a plan for dealing with the potential surge in illegal crossings:
How does DHS plan to screen migrants for COVID-19 and other communicable diseases? What is the department's testing capacity?
Will a quarantine period be required for unvaccinated migrants? If so, where will they be quarantined?
Will vaccinations be administered to all migrants for COVID-19? If so, will these vaccinations be voluntary?
What will the department do with migrants who test positive for COVID-19? How will DHS officers and agents be protected from COVID-19 positive migrants?
Under what circumstances will you request resources and additional personnel from other U.S. government agencies?
The full letter can be found here.
Background
Title 42 is a provision included in the Public Health Service Act of 1944 that permits federal health officials to prohibit entry of individuals and goods from foreign countries when there is a communicable disease present. The idea had existed in varying forms since 1893 until finally being codified into law.
In March of 2020, the Trump administration implemented Title 42 in order to curb the number of crossings at the U.S.-Mexico border during the height of the COVID-19 pandemic. Title 42 mitigated the spread of COVID-19, specifically at border facilities and processing centers where overcrowding could have fueled the transmission of the virus. The order does not apply to U.S. citizens, lawful permanent residents and their spouses and children, U.S. military personnel, or those who arrive at a port of entry with valid travel documents.
According to U.S. Customs and Border Protection data, more than 1.7 million migrants who attempted to enter the U.S. illegally have been expelled under Title 42 since March 2020.