WHY WE EXPLAIN IT ALL IN. KSAT EXPLAINS. UP NEXT. >> TODAY WAS SUPPOSED TO BE THE
DAY THAT A CONTROVERSIAL
IMMIGRATION POLICY ENDED.
BUT ON FRIDAY, A FEDERAL JUDGE
IN LOUISIANA BLOCKED THE BIDEN
ADMINISTRATION FROM ENDING
TITLE. 42. IT IS A PUBLIC
HEALTH PROVISION THAT ALLOWS
CUSTOMS AND BORDER PROTECTION
TO REJECT MIGRANTS AT THE
BORDER ON THE BASIS OF TRYING
TO PREVENT THE SPREAD OF
COVID-19 IN EARLY APRIL, THE
CDC SAID THE POLICY WAS NO
LONGER NEEDED BECAUSE OF
CURRENT COVID BUT CONDITIONS,
VACCINES AND TREATMENTS THAT
WE’VE HEARD ABOUT THIS BECAUSE
OF THE PANDEMIC. BUT WE’RE GOOD
TITLE. 42 COME FROM AND WHAT’S
BEEN IT’S REAL IMPACT ON THE
BORDER. HERE’S THIS WEEK’S KSAT
EXPLAINS.
IT STARTED AT THE HEIGHT OF
THE PANDEMIC MARCH OF 2020 WHEN
THE TRUMP ADMINISTRATION IN
ACTED TITLE. 42, BUT IT’S
ACTUALLY BEEN ON THE BOOKS IN
AMERICA FOR NEARLY 80 YEARS.
IT’S PART OF THE PUBLIC HEALTH
SERVICE ACT SIGNED BY FDR IN
1944. TOWARD THE END OF WORLD
WAR 2, THE INTENT OF TITLE.
42 WAS TO SUSPEND ENTRIES AND
IMPORTS FROM DESIGNATED PLACES
TO PREVENT THE SPREAD OF
COMMUNICABLE DISEASES.
TUBERCULOSIS WAS A BIG PUBLIC
HEALTH CONCERN THAT THE PUBLIC
HEALTH SERVICE ACT ALSO CREATED
THE NATIONAL CANCER BUT
OVERALL, NOT LEGISLATION THAT
WAS CONSIDERED MAJOR. IT REALLY
HAD RARELY BEEN USED AND HAD
NEVER, EVER BEEN USED IN THE
IMMIGRATION CONTEXT UNTIL 2020.
THAT’S WHAT TITLE 42 WAS
INVOKED TO ESSENTIALLY SUSPEND
IMMIGRATION AT U.S. LAND
BORDERS. IT MEANT THE CUSTOMS
AND BORDER PROTECTION DID NOT
HAVE TO PROCESS PEOPLE WHO
PRESENTED THEMSELVES UP THE
BORDER WANTING TO SEEK ASYLUM.
INSTEAD, THEY’RE FINGERPRINTED
AND EXPELLED FROM THE WEST.
THAT’S NOT THE SAME AS
DEPORTATION. WHAT SOMEONE IS
DEPORTED, THEY’RE BARRED FROM
REENTERING THE COUNTRY FOR
CERTAIN NUMBER OF YEARS.
EXPULSION DOESN’T CARRY THAT
PENALTY. WHAT HAPPENS AFTER
SOMEONE IS EXPELLED? DEPENDS ON
WHERE THEY’RE FROM. IF THEY’RE
FROM MEXICO OR CENTRAL AMERICA,
THEY’RE TYPICALLY JUST SENT
RIGHT BACK TO MEXICO WITHIN A
MATTER OF HOURS, IF THEY’RE
FROM ANOTHER COUNTRY WHERE
MEXICAN IMMIGRATION IS NOT
GOING TO ALLOW THEM TO SIMPLY
BE PUT BACK, THEN THEY’RE
TEMPORARILY HELD CBP CUSTODY.
THERE WERE PEOPLE WHO ARE BEING
HELD IN HOTELS UNTIL
ESSENTIALLY A PLANE IS FILLED
UP AND PEOPLE ARE FLOWN OUT.
THAT’S WHAT WE SAW PLAY OUT IN
DEL RIO IN SEPTEMBER 2021,
NEARLY 16,000 MIGRANTS FROM
HAITI CROSSED INTO THE U.S.
HOPING TO SEEK ASYLUM, FLEEING
A COUNTRY AND A PEOPLE AFTER
THE ASSASSINATION OF THE
HAITIAN PRESIDENT AND THE
DEVASTATING EARTHQUAKE, IT
BECAME A HUMANITARIAN CRISIS IN
DEL RIO. THOUSANDS OF PEOPLE
LIVING IN MAKESHIFT SHELTERS
UNDER A BRIDGE WITH THE EU
SUPPLIES AND RESOURCES. IT’S
EXACTLY WHAT THE MAYOR OF
LAREDO IS CONCERNED ABOUT WITH
THE ENDING OF TITLE. 42
CURRENTLY AS WE SPEAK, THERE’S
OVER 3,000 PATIENTS AND LEVEL
RATE ON OUR SISTER CITY.
OBVIOUSLY, THIS WILL TAKE A
LONG TIME MATTER WITH THESE
FOLKS ARE WILL GET FRUSTRATED
LIKE THEY DIDN’T KNOW RADIO ON.
AND WE WANT TO COME ALL AT
ONCE. MAYOR PETE SIDE SAYS
CUSTOMS AND BORDER PROTECTION
NEEDS MORE RESOURCES TO HANDLE
AN INCREASE IN MIGRANTS.
CBP PLANS TO ADD 600 AGENTS TO
THE BORDER AS TITLE. 42 ENDS.
HOMELAND SECURITY WILL ALSO
INCREASE THE CAPACITY OF
FEDERAL HOLDING CENTERS FROM
12,000 TO 18,000 AND ACCIDENT.
THOSE IN FEDERAL CUSTODY.
BUT A BIG QUESTION SURROUNDING
PREPARATIONS FOR THE END OF
TITLE. 42, WILL IT ALL BE
ENOUGH IN MARCH OF THIS YEAR,
THE BORDER PATROL FACILITY IN
EAGLE PASS WAS AT CAPACITY.
SO CBP ANNOUNCED IT WOULD BEGIN
RELEASING MIGRANTS INTO DIMMIT
COUNTY WHO HAD BEEN PROCESSED
AND CLEAR THROUGH BACKGROUND
CHECKS COULD BE 10 COULD BE
50 TO BE 150 TITLE. 42 WAS
STILL IN EFFECT THAT ALLOWING
MIGRANTS TO AUTOMATICALLY BE
TURNED AWAY AT THE BORDER.
SO WHY WAS AN IMMIGRANT
DETENTION FACILITY SO FULL IN
PART TO RUSH OVER SAYS BECAUSE
THE USE OF TITLE, 42 HAS BEEN
INCONSISTENT. SOME OF THEM ARE
DETAINED. SOME OF THEM
ARE RELEASED.
>> AND SO THAT IS ALSO A
CONCERN BECAUSE IT APPEARS TO
BE VERY ARBITRARY.
WHO IS REJECTED AND WHO IS
ALLOWED TO MAKE A CLAIM TO MAKE
AN ASYLUM CLAIM. YOU MUST BE
PHYSICALLY PRESENT IN THE U.S.
YOU CAN START THE PROCESS
ONLINE OR EVEN AT A U.S.
EMBASSY. ONCE A MIGRANT CLAIMS
ASYLUM. THE NEXT STEP IS WHAT’S
CALLED A CREDIBLE FEAR
INTERVIEW. THAT’S WHAT ASYLUM
OFFICER DECIDES WHETHER A
PERSON MERITS GOING THROUGH THE
FULL ASYLUM PROCESS.
>> HERE IS SOMETHING JAMIE
SOLIS IS FLEEING ARE RELEASED
YET. JAMIE AND HER 3 YEAR-OLD
DAUGHTER OF THE CATHOLIC
CHARITIES RESPITE CENTER IN
MCALLEN. THEY CAME TO THE U.S.
FROM NICARAGUA TO ESCAPE
POLITICAL OPPRESSION AND
VIOLENCE. YEAH, THAT EVEN A FAT
MAN, OPINION OF WOULD THIS EVEN
NOW. BUT AT THE TIME THAT THE
TIME AND I’M NOT GOING TO SEE A
>> NOW PLAYING, THEY PUT IT OUT
OF A BEING THAT I KIND OF STAMP
MICKELSON KNEW SHE WAS ONE OF
THE LUCKY ONES WHO WASN’T
TURNED AWAY AND THEN THERE’S
YOUR MONEY GOES ON THIS FOSSE
KIDS FROM CUBA, WHAT HE FEARS
HE SAYS IS HUNGER IN HIS HOME
COUNTRY SEAT. THAT WILL BE ON
THE SCENE IN FLORIDA THAT ALL.
WITH A LITTLE BIT OF A LITTLE
IT.
>> AND ALSO THE MEME OF THEM IN
GETTING A LITTLE TOO GOOD TO
GO ON IN A WAY THAT AND THAT IS
ALL THAT WE’VE BEEN ADVOCATING
FOR RIGHT NOW. ALLOW PEOPLE TO
APPLY FOR ASYLUM. IN THE END,
THEY GET TO STAY JUST MEANS
GIVE THEM A CHANCE TO APPLY.
AND THEY QUALIFY. THEY GET TO
SAY THAT THEY DON’T QUALIFY.
THEY MAY BE DEPORTED AND TITLE
42 TO GET RID OF ALL OF THAT.
BUT THERE ARE THOSE WHO ENTERED
THE U.S. ILLEGALLY WHO DON’T
SEEK ASYLUM, WHETHER FRUSTRATED
WITH TO SLOW A PROCESS AT THE
SOUTHERN BORDER OR SIMPLY
HOPING TO EVADE IMMIGRATION
AUTHORITIES. I DO FIND PEOPLE.
>> THAT ARE LOST, OK, RICHARD,
GET OUT, OWNS LA, NOT COOL
RANCH IN STARR COUNTY OUTSIDE
ROME UP SEVERAL 1000 ACRES JUST
NORTH OF THE BORDER.
>> HE’S SEEN FIRSTHAND WHAT
MIGRANTS OFTEN GO THROUGH,
TRYING TO MAKE THE DANGEROUS
JOURNEY INTO THE U.S.. THEY
HAVE BEEN UP AND THAT WERE
BROUGHT THEM ACROSS, ABANDONED
THEM. AND THEY TOLD THEM, WELL,
IT’S A SHORT.
>> JUST A SHORT DISTANCE AND
YOU’RE GOING TO BE IN HOUSTON
RIGHT? BUT OF COURSE, THAT’S
THAT’S NOT TRUE. IT’S SO HARD
TO SEE PEOPLE IN DURING THINGS
LIKE THAT. YOU KNOW, HIS FENCES
HAVE BEEN DAMAGED BY MIGRANTS
WHO CROSS IS LANCE, EVEN HIS
LIVELIHOOD. HIS CATTLE HAVE
BEEN AFFECTED, BUT A CONCERN
THAT SPREADS BEYOND HIS RANCH,
SHE SAYS, IS DRUG SMUGGLING.
AND THERE’S A LOT OF NARCOTIC
ACROSS NATIONAL GUARD TO
SUPPLEMENT THE BORDER PATROL
AND EVEN SO THEY CAN’T.
>> I CAN’T CONTROL. BUT I HAVE.
BY REMOVING TITLE. 42, YOU’RE
GOING
TO ADD.
>> WHEN EXIST, BIRD? YEP.
SOME ARGUE THE ANTICIPATED WAVE
OF MIGRANTS IS A PROBLEM THAT
U.S. POLICY CREATED BECAUSE OF
TITLE. 42. THAT’S THE REASON
WHY WE THE LEVELS AND
ACTIVITIES THAT WE SEE RIGHT
NOW. THE NUMBERS.
>> OUR
I HEARD BILLY HIGHER RIGHT NOW
PRECISELY BECAUSE WE’VE BEEN
PUSHING PEOPLE BACK FOR MORE
THAN 2 YEARS. LET’S LOOK AT THE
NUMBERS FROM CUSTOMS AND BORDER
PROTECTION FOR FISCAL YEAR
2022. SO FAR, THAT’S OCTOBER.
FIRST 2021 TO MAY 17TH OF THIS
YEAR
>> CBP HAS REJECTED PEOPLE.
1.2 MILLION TIMES AT THE
SOUTHERN BORDER. MORE THAN HALF
OF THOSE REJECTIONS WERE TITLE.
42 EXPULSIONS. BUT THE STATS
REFLECT THE NUMBER OF TIMES A
PERSON HAS TRIED TO CROSS THE
BORDER, NOT THE NUMBER OF
PEOPLE.
>> BECAUSE THE SAME PERSON CAN
TRY MORE THAN ONCE. IT CAN BE
CONFUSING AND COMPLICATED.
MUCH LIKE THE AMERICAN
IMMIGRATION SYSTEM ITSELF.
DESPITE CALLS AGAIN AND AGAIN
FOR SUBSTANTIAL CHANGE
CONTINUES TO BE A STRUGGLE.
FOR NOW, WE’LL SEE WHAT A
CHANGE IN TITLE. 42.
>> BRINGS TO TEXAS. I THINK
THAT.
IT IS GOING TO BE VERY CHAOTIC,
DEPENDING ON WHAT
>> DECISIONS ARE ISSUED BY
WHICH COURTS REGARDING WHAT
POLICIES.
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