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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Thursday, May 04, 2023

Title 42 expiration date nears: What we know about the ending of a pandemic-era border policy

A Trump-era immigration policy that made it easier to expel migrants from U.S. borders during the COVID-19 pandemic is set to end next week. The 2020 policy, known as Title 42, allowed Customs and Border Protection to turn migrants away in an effort to prevent the virus from spreading in holding facilities. Republicans have pointed sharp criticism at President Joe Biden over the policy's impending termination, suggesting it's evidence of weak resolve on border security. Here's what we know about Title 42. Why is Title 42 ending? The Biden administration tried to end Title 42 last year, with the Centers for Disease Control and Prevention calling the pandemic border policy "no longer necessary" after "considering current public health conditions and an increased availability of tools to fight COVID-19." Legal efforts by Republican-led states blocked their efforts at the time, but those efforts become moot on May 11, when the COVID-19 pandemic public health emergency is set to end. Its end will trigger the termination of Title 42 that same day. Why is Biden sending troops to the border? Title 42's end is expected to be accompanied by a wave of migrants seeking to enter the U.S. Since Title 42 was enacted by former President Donald Trump, more than 3 million individuals have been turned away using the policy. The Pentagon confirmed on Tuesday it would deploy 1,500 active-duty troops to the southwest border to combat the expected surge. The troops will help U.S. Customs and Border Patrol with detection and monitoring, data entry and warehouse support for 90 days, until the Department of Homeland Security can hire contractors to fill those gaps, according to Pentagon press secretary Air Force Brig. Gen. Pat Ryder. Border city of El Paso declares state of emergency El Paso Mayor Oscar Leeser declared a state of emergency ahead of Title 42's end, with which a potential surge of thousands of migrants is expected, according to the El Paso Times, part of the USA TODAY Network. Get the Daily Briefing newsletter in your inbox. The day's top stories, from sports to movies to politics to world events. Delivery: Daily Your Email The declaration, which went into effect Monday, will allow the city that borders Mexico to open up temporary shelters and use federal funds to address the expected surge. "We are getting prepared now for what we call the unknown," Leeser said Sunday during a press conference. GOP reacts to Title 42 ending During a press conference Wednesday, Sen. Lindsey Graham, R-S.C., said the Biden administration's plan to deploy troops to the border is “ridiculous theater.” Texas Gov. Greg Abbott said he deployed some 10,000 Texas National Guard to "fill the gaps created by Biden's reckless open border policies." And Rep. Andy Biggs, R-Ariz., shared a graphic on Twitter reupping calls to impeach Homeland Security Secretary Alejandro Mayorkas. Several Democrats have celebrated the end of the policy. What Title 42 ending means for immigration Despite Title 42's end, new changes announced by DHS could reinforce the challenges to seeking asylum. In a press briefing last week, Mayorkas said DHS is: "Everyone agrees – everyone agrees – our immigration system is outdated and badly broken," Mayorkas said during a press briefing last week. "We must tackle the challenges before us together." In an April 25 tweet now pinned to its profile, the DHS said U.S. immigration laws would "remain strict even as the COVID-19 public health Order known as Title 42 ends." For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

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