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- [Narrator] Title 42, the pandemic-era policy
that allowed US authorities to quickly expel migrants
on public health grounds has expired.
The Biden administration has deployed 1,500
active duty troops at the southern border
to assist the border patrol
with processing as fears of a significant surge
of migrants grow.
Wall Street Journal's Alicia A. Caldwell reports
from El Paso, Texas and explains what Title 42 is,
the effect it has had on the border and what comes next.
- Title 42 is a public health law that was used
by the Trump administration to quickly remove
or expel migrants who crossed the border illegally,
intending to ask for asylum.
- [Narrator] The policy's name comes from Title 42
of the US Legal Code which is a body of public health laws.
The Trump administration began using it in March, 2020
to turn back migrants on grounds
that they might bring COVID-19 into the US.
Under the policy, most migrants were sent back
to Mexico after border patrol agents recorded their names
and fingerprints.
- Border Patrol and the US government has been quick
to point out it was not an immigration law,
so it carried with it no immigration penalties.
- [Narrator] The measure proved to be far
from an ideal enforcement tool.
It had the unexpected result
of making it easier for non-asylum migrants
to attempt repeated border crossings.
- So if you got caught, got returned,
you live to see another day in terms
of your immigration opportunity or chance
to cross the border illegally again and make it through.
(crowd chatter)
- [Narrator] Authorities had already recorded big increases
in illegal crossings leading up to Title 42's expiration.
(crowd chant slogans in foreign language)
In March, cities like El Paso experienced a 54% increase
in border patrol encounters,
compared to the same period last year.
Looking at the southwest border overall,
total encounters increased 25% in the same period.
The change in border policy
has also created confusion among migrants.
- There's tremendous disinformation
and smugglers have an interest
in pushing people across the border now.
- I want to be very clear, our borders are not open.
People who cross our border unlawfully
and without a legal basis to remain
will be promptly processed and removed.
- [Narrator] The governors of Arizona and Texas have said
that the Biden administration's policies inadequately
secure the border, leaving them to bear
the brunt of the migrant waves.
- President Biden is laying down a welcome mat
to people across the entire world,
saying that the United States border is wide open,
and it would lead to an incredible amount
of people coming across the border illegally.
- [Narrator] The Secretary of Homeland Security,
Alejandro Mayorkas said the administration
is employing a combination of existing immigration laws
and a new set of measures to address the migrant surge.
(door thuds)
- People who arrive at our southern border will be subject
to our immigration enforcement authorities
under Title 8 of the United States Code.
- Title 8 is an immigration law
and does carry penalties.
It is technically a misdemeanor to cross the border
without permission and those who do
and are returned, face a five-year ban
from returning to the country illegally.
And if they do return and they get caught,
they can face a felony charge for crossing the border again.
- [Narrator] The Biden administration's new set
of measures is intended to mimic the Title 42 border policy.
Migrants who enter the US illegally,
which asylum seekers are allowed to do under current law
will be quickly subjected to a higher asylum standard.
- Those who cross illegally and haven't asked
for protections in other countries
prior to their arrival here, by and large,
won't be eligible.
They'll face swift deportation.
- [Narrator] And they will be deported back
to their home countries or back to Mexico,
which has agreed to keep taking them.
The administration also plans
to open new migrant processing centers
in Guatemala and Colombia to create some legal pathways
for asylum seekers.
Yet it's unclear when the centers would open
or how much impact they will have.
- They're also pushing people to use the CBP One app.
It's an app that you can make an appointment to come
to a legal border crossing, a port of entry,
and make your case to enter the United States.
- [Narrator] Asylum Seekers at the border will be
essentially barred from entering the country
under the rules, unless they use
the app's appointment system.
- (Michael speaks foreign language)
- If you have a real mix of people
who are trying to use this app with some success,
and others saying that they just can't wait any longer
in making the track.
The expectation is that a lot
of people will simply make the effort to cross
and see what happens.
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