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WASHINGTON – US Senators John Cornyn (R-TX) and Joe Manchin (D-VV) and Representatives Henry Cuellar (TKS-28) and Tony Gonzalez (TKS-23) sent a letter urging President Joe Biden to extend the Centers for Disease Control and Prevention’s (CDC) Title 42 order past the upcoming December 21, 2022 deadline.
They wrote: “We have a crisis on our southern border.” Never before in our nation’s history have we experienced the scale and scope of illegal border crossings, and we remain concerned that your administration has not provided sufficient support or resources to the men and women of the Department of Homeland Security (DHS) charged with maintaining border security.”
“We are committed to passing bipartisan legislation that will allow DHS to effectively implement policies and programs that have been identified as critical to maintaining operational control of the southern border, and that do not involve the parole of large numbers of migrants to the United States to be held for months.” .. or multi-year processes. These negotiations will take time. In the meantime, we encourage you to do everything in your power to extend the Centers for Disease Control and Prevention’s (CDC’s) Title 42 order beyond December 21stst deadline until Congress can act.”
Background:
In May 2022, DHS Secretary Mallorca stated that he expected as many as 18,000 illegal crossings per day following the repeal of Title 42. Recent court filings show that the Department of Homeland Security (DHS) relies almost entirely on Title 42 to control migration from Mexico and Northern Triangle. The vast majority of Mexicans, Guatemalans, Hondurans, and Salvadorans encountered by US Border Patrol along the border in October 2022 were deported under Title 42, not prosecuted under Title 8.
You can find the full text of the letter here and below.
December 13, 2022
Dear Joseph R. Biden Jr
the president of the united states
The While House
1600 Pennsylvania Avenue, NV
Washington, DC 20502
Dear President Biden:
We have a crisis on our southern border. Never before in our nation’s history have we experienced this scale and scope of illegal border crossings, and we remain concerned that your administration has not provided sufficient support or resources to the men and women of the Department of Homeland Security (DHS) charged with maintaining border security. We are committed to passing bipartisan legislation that will allow DHS to effectively implement policies and programs that have been identified as critical to maintaining operational control of the southern border, and that do not include the parole of large numbers of migrants to the United States to undergo months or years of detention. processes. These negotiations will take time. In the meantime, we encourage you to do everything in your power to extend the Centers for Disease Control and Prevention’s (CDC’s) Title 42 order beyond December 21stst the deadline by which Congress can act.
While admittedly imperfect, repealing the CDC’s Title 42 order at this time will result in a complete loss of operational control of the southern border, a profound negative impact on border communities, and significant suffering and death among migrants entering the United States illegally. In May 2022, DHS Secretary Mallorca stated that he expects as many as 18,000 illegal crossings per day following the repeal of Title 42. Based on recent court filings, DHS relies almost entirely on Title 42 to control migration from Mexico and the Northern Triangle: the vast majority Mexicans, Guatemalans, Hondurans, and Salvadorans encountered by US Border Patrol along the border in October 2022 were deported under Title 42, not processed under Title 8. Furthermore, your administration’s new migration enforcement process for Venezuelans depends on the availability of Title 42 .
As long as Title 42 remains our only effective means of controlling illegal migration—along with the prospect of its imminent repeal—the pressure will continue to mount on the southern border. A recent article in The New York Times stated that “waves of Venezuelans left South America as word spread that the United States had no easy way to keep most of them out and would allow them to enter the country and seek asylum,” and that “[n]they all went through the Darien Gap early on.” However, despite the administration’s reliance on Title 42 to maintain control, the CDC sought to withdraw the Title 42 order in April 2022 and, after being preliminarily ordered to do so by Judge Robert Summerhais, appealed Judge Summerhais’ decision to the 5th Circuit .
We are now less than two weeks away from the repeal of Title 42 orders as a result of a special decision issued by Judge Emmett Sullivan on November 15, 2022. While we appreciate that DHS requested a delay in Judge Sullivan’s decision to facilitate the transition period, only five weeks is completely inadequate to prepare for a massive influx of migrants when the infrastructure and policies are not in place to expeditiously remove those with invalid asylum claims or other forms of assistance. We are also concerned that in addition to filing a notice of appeal weeks after Judge Sullivan’s decision, DHS has not outlined a viable plan to maintain operational control of the southern border. This situation is unsustainable, and we must work together to maintain DHS’s authority to quickly deport migrants until an acceptable set of alternative policies and resources is in place.
We hope you will take this opportunity to take decisive action to prevent further deterioration of the situation at the southern border, and we look forward to continuing our work with DHS and your administration on a permanent, bipartisan solution to this problem.
With respect,
/s/
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