Title 42 ruled illegal

On November 15 a judge ruled that Title 42 was being illegally applied by the Biden administration: “arbitrary and capricious” and a violation of federal regulatory law. Go here and here for a news article; go here for a Title 42 timeline.

Since the Trump administration introduced Title 42 into border control, millions of persons who might have valid amnesty cases have been turned away from the border. It took a suit by the ACLU originally filed several years ago to get to this decision.  The advanced countries have been confronting millions of plausible amnesty cases based on credible fear of persecution. This wave will not cease.  The U.S, the U.K. and other countries need to fashion credible, effective policies to deal with this wave.

The National Immigration Forum has “42 border solutions that are not Title 42.” They break down into better border processes (1-14), addressing root causes (15-29) and better border security (30-42).


Border processes: “Expand capacity at legal ports of entry to handle intake and process asylum claims. Currently, ports of entry remain largely closed to asylum seekers, and migrants are not permitted to enter (or must wait weeks or months) at ports of entry. Increasing capacity will allow for asylum processing in an orderly manner at legal ports of entry and disincentivize unlawful crossing between ports of entry.”

Addressing root causes: Utilize and expand capacity of seasonal guestworker programs like H-2A and H-2B to bring in needed workers from Northern Triangle countries. The U.S. government should work with U.S. employers to establish safe, informative recruiting networks in Northern Triangle countries to grow these legal pathways. These efforts also should include increasing the H-2B cap and earmarking additional visas for individuals from Northern Triangle countries.”

Border security: “Complete planned overhaul of obsolete surveillance technologies and systems at the border. Since 2017, CBP has implemented just 28% of planned surveillance and subterranean technology solutions. Phase out use of outdated systems still in use by many sectors.”

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