Biden reimplements Trump-era immigration rule he criticized during 2020 campaign ahead of Title 42 ending
By JD Heyes // May 10, 2023

The Biden administration has reintroduced a previous immigration rule, which was initially implemented during the Trump administration, just one day before Title 42 was set to expire amid concerns that ending the pandemic-era policy could encourage a surge of illegal immigration into the United States.


The rule, published in the Federal Register, states that migrants will be disqualified from applying for asylum in the U.S. if they did not first apply for asylum in other countries they traveled through, such as Mexico. In preparation for the expiration of Title 42, which is set to happen soon, hundreds of asylum officers were trained in how to implement the rule on Tuesday, CBS News reported.

The reinstatement of the immigration rule is a reversal of President Joe Biden’s campaign promises. It comes as the administration has struggled for over two years to control the historic levels of illegal immigration into the country. The situation at the southern border is expected to worsen as Title 42, a health order allowing for immediate expulsion of migrants without processing, is set to expire on Thursday at 11:59 p.m.

The title allows the United States government to expel migrants, including asylum seekers, at the border without allowing them to seek protection in the country. The order was implemented by the Trump administration in March 2020, citing public health concerns and the need to limit the spread of COVID-19.

Critics argued that the order violates international and domestic law, including the right to seek asylum and the principle of non-refoulment, which prohibits the return of individuals to a country where they may face persecution. They also argue that the order puts migrants at risk by forcing them to return to dangerous situations in their home countries.

The Biden regime faced criticism from immigration advocates and human rights groups for its decision to keep Title 42 in place for as long as it did. Still, the rule led to a significant decrease in the number of migrants entering the country, and allowed Trump to control an out-of-control border.

Meanwhile, during his 2020 presidential campaign, Biden heavily criticized Trump's immigration policies, especially the one he's reimplementing.

“This is the first president in the history of the United States of America that anybody seeking asylum has to do it in another country,” Biden claimed during the final debate of the campaign, according to The Daily Wire. “That’s never happened before in America.”

DHS has been making preparations to manage the expected surge in migration that has already started before the expiration of Title 42. They requested and received 1,500 military personnel from the Pentagon to assist with administrative tasks at the border, freeing up more border agents for enforcement.

U.S. Customs and Border Protection has teamed up with local and state law enforcement officials to start removing thousands of illegal migrants from the streets of El Paso, Texas, which is one of the main hotspots for illegal migration. The Democratic Mayor of El Paso, Oscar Leeser, declared a state of emergency in the city ahead of the end of Title 42. Leeser has previously warned that up to 15,000 migrants could potentially enter the city from Ciudad Juarez once Title 42 ends.

Border Patrol chief Raul Ortiz reported on Monday that the number of migrant apprehensions per day had reached nearly 9,000 on average, with over 7,000 instances of "gotaways" - illegal immigrants who were spotted crossing into the U.S. but were not apprehended. On Tuesday, over 11,000 migrants were reportedly caught crossing the southern border.

Biden no doubt was under pressure from Congress and a growing number of Americans who are aware that hundreds of thousands of migrants are already waiting to rush the border the moment Title 42 ends. Worse, Biden created this mess in the first place, and frankly, it's an impeachable offense.

Sources include:

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