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Democratic Senators express 'deep concern' about ending Trump-era border policy

FAUlty Gator

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Oct 27, 2017
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Four Democratic Senators expressed “deep concern” with the looming end of Title 42 in a recent letter to Department of Homeland Security Secretary Alejandro Mayorkas.

The letter, shared publicly Monday, inquired how the Biden administration intends to deal with the end of the pandemic-era public health order, which was grounds for turning away roughly 1 million of the 2.3 million migrants caught along the southern border in fiscal year 2022.

Arizona Sens. Kyrsten Sinema and Mark Kelly, both Democrats, as well as Sens. Jon Tester, D-Mont., and Margaret Hassan, D-N.H., all signed the letter seeking answers from the Biden administration ahead of the rule's formal end on December 21.

Earlier this month, a federal judge in Washington, D.C. vacated Title 42, ruling it to be “arbitrary and capricious” and “in violation of the Administrative Procedure Act.”

READ MORE: “Judge blocks Trump-era rule used to expedite migrant deportations along southern border”

But critics of its termination fear ending the rule will limit an already overburdened border control system.

We are writing to express our deep concerns regarding the sudden impact that the November 15th ruling, by the U.S. District Court for the District of Columbia, could have on border communities, nongovernmental organizations (NGOs), the men and women of the Department of Homeland Security (DHS), and migrants seeking to enter the United States,” the Senators wrote in their letter.
The senators pointed to the fact they had previously expressed concern over how the Biden administration would handle Title 42's termination amidst a record number of migrants seeking to enter the U.S.

READ MORE: “At least 15 congressional Democrats oppose Biden's move to end Title 42”

Since the Director of the Centers for Disease Control and Prevention (CDC) issued the Public Health Determination and terminated the Title 42 Order on April 1, 2022, we have expressed concern with DHS’ preparations for the end of Title 42, especially as the situation has deteriorated at times,” the Senators continued in their letter.
Record annual encounters have led to untenable situations," the Senators' letter said. "In Arizona, shelters have been forced well beyond capacity. This month, El Paso has seen over 700 migrants released directly onto city streets due to overcrowding. This is not safe, and creates a dangerous situation for migrants and communities.”
Currently, 15 GOP-led states are attempting to intervene and thwart Title 42’s termination. They argue it isn’t just communities at the border that will be impacted by the rule’s end.

Wherever those aliens end up, they will impose financial burdens on the states involuntarily hosting them,” the states said in a motion filed last week, according to The New York Times.
The states also reportedly argued they have sovereign interests in “excluding persons carrying communicable diseases.”

Conversely, critics of the GOP's legal efforts to keep Title 42 in place argue it is not a policy meant for general border enforcement, but rather a limited public health provision.

The states mistakenly believe Title 42 can be used for general border enforcement,” the ACLU's Lee Gelernt told The Times. “But it is a limited public health provision, and these states have not remotely shown that they need Title 42 for public health reasons.”
 
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