ESSAY QUESTION:
The Biden administration promised a more humane approach to immigration enforcement than
the Trump administration, but until recently the Biden administration had re-implemented
stringent policies known as the Migrant Protection Protocols (MPP) and Title 42 – both first
applied during the Trump Administration.
Under the MPP, immigrants showing up at the border or that were apprehended by U.S. Customs
& Border Protection (CBP) between ports-of-entry AND asked for asylum were issued a Notice
to Appear (NTA) and sent back to Mexico (whether they were Mexican nationals or not) – with
instructions to return to the port-of-entry at a specific date and time for their court hearing.
Asylum is a legal measure for protective sanctuary in the U.S. The lack of legal representation,
coupled with the crime and insecurity of border towns on the Mexican side, make it nearly
impossible for MPP enrollees to successfully obtain asylum.
Title 42 is not an immigration measure per se, it is public health policy. It was harnessed by the
Trump administration and used to exclude immigrants showing up at ports-of-entry or
immigrants being apprehended by CBP in between ports-of-entry. The rationale was to use Title
42 to curb the spread of Covid-19 and its variants by preventing immigrants (that may be
carrying the virus) from entering the U.S. Immigrants that are excluded under Title 42 are
excluded on public health care grounds and not given a hearing or an opportunity to apply for
asylum. So, it is an expedient (as well as unforgiving) mechanism for excluding immigrants
absent any kind of procedural rights like due process that typically accompany conventional
removal proceedings (e.g. deportation).
HOWEVER – recently a federal court ruled that the federal government can no longer use Title
42 for an immigration enforcement measure. In a recent article, NBC news described the
situation like this:
“Covid-19 restrictions known as Title 42 have kept migrants from claiming asylum more than
2.4 million times since the policy began under former President Donald Trump in 2020. A
federal judge has ruled that the policy must lift on Dec. 21; several Republican states have sued
to keep it in place.
The number of undocumented crossings at the U.S.-Mexico border is already near record highs,
at 7,500 to 8,000 a day.
“We are in the hole for millions, even without Title 42 lifting,” one of the DHS officials said.
A group of migrants cross the street (Sergio Flores / AFP via Getty Images file)
The number of attempted crossings is projected to increase by as much as 2,500 a day when the
Covid ban ends, DHS officials said, and it could reach 10,000.
And when the ban ends, instead of being sent back across the border, more migrants will have
the chance to stay in the U.S. and claim asylum. The extra money is needed to process, shelter
and transport them.
Without more space in border processing centers, the facilities could get overcrowded, just as
they did in 2019, when migrants said they were being held in spaces too small to lie down to
sleep.
They could also end up being released onto the street in border cities or bused by Republican
governors to cities inside the U.S.”
Complicating matters, there are several lingering graves questions involving the application of
any new enforcement measure – should it be applied to everyone indiscriminately? What about
to unaccompanied minors? What about women and children? How about pregnant female
immigrants or those who are sick/ill? What about those individuals that might be subject to
persecution and torture in their nations of origin? Should older immigrants be afforded greater
protection?
Please Answer the Following Overarching Prompts
Q: What suggestions do you have, other than resorting to either the MPP or Title 42
expulsions, to humanely secure the nation’s borders for highly vulnerable immigrant
populations like women, children/infants, the elderly and crime victims?
Please write a term paper using the following principles in mind as you structure your answer
after reviewing the information below:
QUESTION # 1: WHAT IS/ARE THE PROBLEM(S) AND ITS/THEIR PARAMETERS (DEPTH AND
SCOPE)?
QUESTION # 2: WHAT’S AT STAKE HERE AND FOR WHOM?
QUESTION # 3: WHAT CHANGES WOULD YOU SUGGEST AND HOW SHOULD THEY BE
IMPLEMENTED?
9. What you need to know about the Title 42 policy that sends migrants to Mexico | The Texas
Tribune
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