Border Patrol Chief to retire just months after Title 42 comes to an end

Deuteronomy 28:43-53 43 “Foreigners who live in your land will gain more and more power, while you gradually lose yours. 44 They will have money to lend you, but you will have none to lend them. In the end they will be your rulers. 45 “All these disasters will come on you, and they will be with you until you are destroyed, because you did not obey the Lord your God and keep all the laws that he gave you. 46 They will be the evidence of God’s judgment on you and your descendants forever. 47 The Lord blessed you in every way, but you would not serve him with glad and joyful hearts. 48 So then, you will serve the enemies that the Lord is going to send against you. You will be hungry, thirsty, and naked – in need of everything. The Lord will oppress you harshly until you are destroyed. 49 The Lord will bring against you a nation from the ends of the earth, a nation whose language you do not know. They will swoop down on you like an eagle. 50 They will be ruthless and show no mercy to anyone, young or old. 51 They will eat your livestock and your crops, and you will starve to death. They will not leave you any grain, wine, olive oil, cattle, or sheep; and you will die. 52 They will attack every town in the land that the Lord your God is giving you, and the high, fortified walls in which you trust will fall. 53 “When your enemies are besieging your towns, you will become so desperate for food that you will even eat the children that the Lord your God has given you.

Important Takeaways:

  • Border Patrol Chief to Retire After Two Record-Shattering Years of Migrant Crossings
  • Border Patrol Chief Raul Ortiz announced his intention to retire from the post as head of the United States Border Patrol effective June 30. Ortiz notified the nearly 20,000 active Border Patrol agents of his intentions in an agency-wide email earlier this week. Ortiz led the agency during the two busiest years for migrant encounters along the southwest border in the Border Patrol’s entire 99-year history.
  • Currently, the Border Patrol is reporting more than 1.4 million migrant encounters along the southwest border since the current fiscal year began in October 2022. The pace of migrant apprehensions in 2023 indicates the annual total for this fiscal year will likely equal or exceed that of FY22. Ortiz will depart the agency less than two months after the transition moving from the Trump-era Title 42 CDC COVID-19 migrant expulsion authority to the traditional Title 8 immigration authority.

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What is Title 42? What happens when it ends; and What do Americans think?

Deuteronomy 28:43-53 43 “Foreigners who live in your land will gain more and more power, while you gradually lose yours. 44 They will have money to lend you, but you will have none to lend them. In the end they will be your rulers. 45 “All these disasters will come on you, and they will be with you until you are destroyed, because you did not obey the Lord your God and keep all the laws that he gave you. 46 They will be the evidence of God’s judgment on you and your descendants forever. 47 The Lord blessed you in every way, but you would not serve him with glad and joyful hearts. 48 So then, you will serve the enemies that the Lord is going to send against you. You will be hungry, thirsty, and naked – in need of everything. The Lord will oppress you harshly until you are destroyed. 49 The Lord will bring against you a nation from the ends of the earth, a nation whose language you do not know. They will swoop down on you like an eagle. 50 They will be ruthless and show no mercy to anyone, young or old. 51 They will eat your livestock and your crops, and you will starve to death. They will not leave you any grain, wine, olive oil, cattle, or sheep; and you will die. 52 They will attack every town in the land that the Lord your God is giving you, and the high, fortified walls in which you trust will fall. 53 “When your enemies are besieging your towns, you will become so desperate for food that you will even eat the children that the Lord your God has given you.

Important Takeaways:

  • Explainer: What Happens When Biden Ends Title 42 at Border this Week
  • [First] What is Title 42?
  • In May 2020, less than a few months into the Chinese coronavirus pandemic, then-President Donald Trump invoked the Centers for Disease Control and Prevention’s (CDC) Title 42 authority for the first time in American history to be used at the southern border.
  • Title 42, only previously used on foreign imports, gave Border Patrol agents another tool to quickly remove illegal aliens back to their native countries within hours after their arrival at the border for the sake of Americans’ public health.
  • The authority is akin to Title 8, the border control in U.S. law that gives the Department of Homeland Security (DHS) the ability to remove illegal aliens who are not eligible to remain in the U.S. after arriving at the border.
  • Since Trump imposed Title 42, the authority has ensured that close to three million illegal aliens have been quickly removed from the U.S. following their crossing the border.
  • What Happens After Title 42?
  • When Title 42 ends, an estimated 400,000 border crossers and illegal aliens are expected to arrive at the border every month — a foreign population that eclipses the resident population of cities like New Orleans, Louisiana; Tampa, Florida; Cleveland, Ohio; and Honolulu, Hawaii.
  • Currently, as many as 700,000 migrants are waiting to rush the border when Title 42 ends. Many will be released into American communities through a series of processes set up by Biden’s DHS.
  • What Do Americans Think?
  • In May 2022, as Biden sought to end Title 42, a Fox News poll found that 63 percent of voters wanted the president to keep the authority in place rather than removing it — including 77 percent of Republicans, 57 percent of swing voters, and 49 percent of Democrats.
  • The following month, an Axios poll found that Hispanic Americans, in particular, backed keeping Title 42 at the border. While 51 percent of Hispanics support Title 42, only 44 percent oppose the authority.
  • Hispanics who are the most assimilated to American life are the most likely to back Title 42, with 58 percent of second-generation Hispanics and 59 percent of third-generation Hispanics supporting the authority.

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U.S. borders reopen, but not for asylum seekers stuck in Mexico

By Kristina Cooke, Mica Rosenberg and Caitlin O’Hara

NOGALES, Mexico (Reuters) – Leo fled his hometown in southern Mexico after his uncle was murdered by gang members and he received death threats. Earlier this year, he, his wife and their two children headed to the U.S.-Mexico border hoping to claim asylum.

After months of waiting, he hoped he would finally get his chance on Monday. But even as U.S. borders opened for travelers vaccinated against COVID-19, they remained closed to asylum seekers.

When Leo, 23, and his family approached the port of entry in Nogales, Mexico with his and his wife’s vaccination cards in hand, they were told by a border official they could not enter and seek asylum.

“I feel dispirited and sad,” said Leo, who asked his last name not be published for fear of reprisals from the gang he fled. President Joe Biden “is just continuing the same policies of Donald Trump.”

Biden has kept in place a controversial U.S. Centers for Disease Control and Prevention (CDC) order, first implemented by his Republican predecessor Trump in March 2020, that allows migrants to be immediately expelled without an opportunity to seek asylum.

The Biden administration has said the CDC’s order, known as Title 42, remains necessary to prevent the spread of COVID-19, as asylum seekers are processed in crowded settings at the border.

Any foreign national attempting to enter the United States without proper documentation will be subject to expulsion regardless of vaccination status, according to the Department of Homeland Security.

Advocates have criticized the Biden administration’s continuation of the expulsion policy as borders reopen.

The idea that a vaccinated asylum seeker is more of a risk than a vaccinated tourist is laughable, said Noah Gottschalk, global policy lead with Oxfam America, one of the advocacy groups suing the Biden administration to overturn the Title 42 order. Gottschalk said the exclusion of vaccinated asylum seekers strengthens the group’s argument that the policy isn’t about public health.

In September, a federal judge ordered the Biden administration to stop expelling family units – parents or legal guardians arriving with their children – under the Title 42 order. The administration appealed, and a higher court put the judge’s ruling on hold as the case moves forward.

Last month, more than 1,300 medical professionals signed letters to the CDC urging it to end the border expulsions order, saying it lacked epidemiological evidence to justify it and put migrants at risk.

New York-based nonprofit Human Rights First has documented more than 7,600 kidnappings and other attacks on migrants stuck in Mexico who were blocked from entering the United States since Biden took office in January.

Leo has been working in construction to pay rent in Nogales, but he says his earnings are not enough to support his family. “They abuse you because they know you are not from here, they pay you what they want,” he said.

He is also worried about his children getting hit by a stray bullet when gunshots ring out at night. The U.S. State Department recommends Americans reconsider travel to the Mexican state of Sonora, where Nogales is located, due to crime and kidnapping.

“We were fleeing a place that was dangerous,” said Leo. “And here it is the same.”

(Reporting by Kristina Cooke in San Francisco, Mica Rosenberg in New York and Caitlin O’Hara in Nogales, Mexico; Editing by Mary Milliken and Karishma Singh)

Biden under pressure as U.S.-Mexico border arrests reach record highs

By Kristina Cooke

(Reuters) – U.S. authorities arrested 1.7 million migrants at the U.S.-Mexico border this fiscal year, the most ever recorded, according to a U.S. government source familiar with the numbers, underscoring the stark political and humanitarian challenges the Biden administration faces on immigration.

The current numbers for the 2021 fiscal year, which began last October, topped a previous high in 2000. The numbers were first reported by the Washington Post.

President Joe Biden, a Democrat who took office in January, reversed many of the hardline immigration policies of his Republican predecessor, President Donald Trump, promising a more “humane” approach to immigration policy.

Biden’s nominee to head U.S. Customs and Border Protection, Tucson, Arizona, Police Chief Chris Magnus, faced questions on Tuesday from Republican lawmakers who referred to the situation at the border as chaos and a crisis.

Adding to concerns was an influx of thousands of mostly Haitian migrants last month who crossed the Rio Grande river from Mexico and set up a makeshift camp under an international bridge in Del Rio, Texas.

On the other side of the aisle, Democrats and immigration advocates have slammed Biden for his swift expulsions of many of those migrants back to Haiti, a country that has been devastated by violence, political crises and natural disasters. The administration also launched an investigation into the tactics of border patrol agents on horseback photographed and filmed in Del Rio trying to push back Haitian migrants along the river bank.

Many of the Haitians were returned under one sweeping Trump policy that Biden has kept in place. Known as Title 42, it was implemented in March 2020 at the beginning of the COVID-19 pandemic in an effort to curb infections and allows most migrants to be quickly expelled without a chance to seek asylum.

Many of the arrests this fiscal year were repeat crossings, with some people expelled to Mexico turning around and trying again.

A federal court has also ordered the Biden administration to reinstate another Trump-era policy known as the Migrant Protection Protocols, which forced thousands of asylum seekers to wait in Mexico for U.S. immigration court hearings. The administration said it is taking steps to restart the program in November, pending agreement from Mexico.

(Reporting by Kristina Cooke in San Francisco; Editing by Mica Rosenberg and Aurora Ellis)

U.S. plans to double number of asylum officers in Biden border overhaul

By Ted Hesson

WASHINGTON (Reuters) – President Joe Biden’s administration will unveil a major overhaul of the U.S. asylum system on Wednesday, including a plan to double staff, in an effort to speed processing at the U.S.-Mexico border where migrant arrests have soared to 20-year highs this year.

The new proposed rule would authorize asylum officers to decide whether or not to approve a claim for protection at the Mexico border, bypassing backlogged immigration courts where cases can often take years to be resolved by judges, according to a summary of the regulation and Reuters interviews with U.S. officials.

The Biden administration aims to hire an additional 1,000 asylum officers and another 1,000 support staff, said a senior Department of Homeland Security (DHS) official, who declined to be named ahead of an official announcement. The hiring spree would more than double the current crop of about 800 asylum officers and would be funded either by Congress or immigration application fee hikes.

“We hope that we will be able to assess claims within three months of arrival,” the senior official said. “A lot of that will depend on the number of asylum officers that are hired.”

The new process is the biggest proposed change to the asylum system since Biden took office in January, and a key part of a 21-point immigration plan unveiled in July.

The proposal for the reworked asylum process comes as arrests at the U.S.-Mexico border have risen to the highest monthly levels in two decades, giving opposition Republicans ammunition to hammer Biden, a Democrat, for rolling back many of former President Donald Trump’s restrictive immigration policies.

“If we can determine who is a legitimate asylum seeker and who is not earlier in the process, I think that drives down some of the incentives for irregular migration,” the official said.

Biden’s asylum overhaul is overshadowed by his decision to keep in place a Trump-era border expulsion policy known as Title 42, which the administration says is needed to limit the spread of COVID-19 during the pandemic.

Title 42, issued by the U.S. Centers for Disease Control and Prevention (CDC), blocks most migrants caught at the border from even being considered for asylum.

‘EXPEDITED REMOVAL’

The proposal will go through a 60-day period of public comment, followed by a government review. The process to finalize it could stretch into early 2022, the DHS official said.

The regulation would apply to immigrants who are placed in fast-track deportation proceedings known as “expedited removal” on or after the rule’s effect date.

The changes could enable more migrants in the expedited removal program to be released from custody, with the possibility of being enrolled in an alternative form of monitoring as their cases are processed.

Currently, expedited removal is typically only applied to immigrants in detention. That greatly limits its application, particularly for families, due to limited space for family detention, the official said.

The expedited removal provision could trigger backlash both among immigration hardliners and liberals, since it would allow immigrants to be released from custody while also expanding the use of the fast-track deportation process.

(Reporting by Ted Hesson in Washington; Editing by Mica Rosenberg, Aurora Ellis and Ross Colvin)

Migrant smugglers see boost from U.S. pandemic border policy

By Laura Gottesdiener and Sarah Kinosian

MONTERREY, Mexico (Reuters) – These days, Martin Salgado’s migrant shelter in the city of San Luis Rio Colorado on Mexico’s border with the United States feels more like an hourly hotel. His guests, many of them from Central America, often don’t even bother to spend the night.

Salgado said he has never seen people cycle through as repeatedly as he has in recent months, after the United States began expelling almost all migrants caught on the Mexican border rather than returning them to their homelands. Now, human smugglers often attempt to get migrants back across the border the very same day they are deported, he said.

Previously, Central American migrants apprehended at the border would be processed in the U.S. immigration system and would often be held for weeks, if not months, before being deported back to their home country.

“We never saw this before,” said Salgado, who runs the shelter near Arizona’s western limits founded by his mother in the 1990’s. Some Central Americans who arrive at the shelter after being deported “eat, bathe, and suddenly they disappear.”

U.S. President Donald Trump’s administration in March announced that it would begin to quickly expel nearly all migrants caught at the border under the authority of an existing federal public health act, known as Title 42, saying the move was necessary to prevent coronavirus spreading into the United States.

But the order appears to be having unintended effects.

It’s led to an increase in repeated border crossing attempts, data from U.S. Customs and Border Protection shows. And it’s benefiting the illegal networks that move people from Central America to the United States, according to interviews with more than a dozen migration experts, shelter directors, immigrant advocates and human smugglers.

That is because U.S. authorities are depositing the migrants on the border, rather than returning them home, which allows smugglers to eliminate some of the costs of repeat border crossings, said three smugglers working with transnational networks. The price migrants pay smugglers, which can be $7,000, or double that, often includes two or three attempted border crossings to offset the risks of being intercepted by Mexican or U.S. authorities, according to the three smugglers, as well as migration experts.

Not all migrants travel with smugglers, but even those braving the dangerous journey alone or in small groups often turn to coyotes at the border for the final stretch of the journey. Since they too are now being returned at the Mexican border when caught they now often pay for a second or third try, in another boon for the smuggling networks, said migrant experts and a guide tied to a smuggling network in the Sonora region.

U.S. border officials say the program, which has resulted in migrants being returned in an average of less than two hours, is crucial for protecting U.S. agents, health care workers and the general public from COVID-19 by avoiding the potential spread of coronavirus if migrants were apprehended, processed, and then sent to U.S. detention centers, as per previous policy.

“It would take just a small number of individuals with COVID-19 to infect a large number of detainees and CBP personnel and potentially overwhelm local healthcare systems along the border,” the U.S. Customs and Border Protection (CBP) said in a statement.

Joe Biden clinched the U.S. presidency following the Nov. 3 election, though Trump has not acknowledged defeat and has launched an array of lawsuits to press claims of election fraud for which he has produced no evidence. The president elect has not laid out specific plans about the Title 42 program. A senior advisor to the Biden campaign in August told Reuters that Biden would look to public health officials for guidance on pandemic-related border closures.

“MAKING MORE MONEY”

Seeking safe passage on the perilous trek north, migrants often pay thousands of dollars to smugglers – known as ‘coyotes’ – linked to gangs that control territory in Mexico.

The three men who identified themselves as smugglers from different transnational networks told Reuters they save about $1,000 or more each time U.S. Border Patrol expels one of their Central American clients at the Mexican border rather than returning them back by plane to their home countries.

“It’s great for us,” said Antonio, a Salvadoran smuggler who is part of a network that he said charges migrants $14,000 a head for three runs at getting from Central America to the United States.

Antonio, like the others involved in the smuggling trade that Reuters interviewed, declined to give his last name.

He said his network spends at least $800 per migrant paying off drug cartels for the right to transit through their turf, then there are additional costs such as food, shelter, transportation, and occasional bribes to Mexican authorities.

In the past, when Central American migrants were caught by U.S. Border Patrol and sent home, his network would have to pick up that tab again on migrants’ second or third attempts.

Mexico’s immigration agency in August vowed to “eradicate the collusion between public servants and human smugglers” as it ousted hundreds of officials for work-related offenses.

Pablo, a Guatemalan who ferries migrants across Guatemala’s border into Mexico, estimated that the network he works for saves at least $1,300 for every Central American who is returned at the U.S. border rather than sent back to their homeland.

“We’re making more money because we don’t have to pay the mafia again in Mexico,” he said. “So, there’s an advantage.”

REPEATED ATTEMPTS

Migration numbers are returning to pre-pandemic levels, following steep declines this spring after Central American countries slammed their borders shut in an effort to halt the spread of coronavirus. The U.S. Customs and Border Protection agency said it conducted nearly 55,000 expulsions and apprehensions of migrants at the southwest border in September. That is more than triple the figure for April and is slightly higher than the 40,507 a year earlier, according to CBP data.

And, apprehensions and expulsions continued to climb in October, said a U.S. official with knowledge of the numbers.

Still, migration numbers for the 12-month period ended in September were down from the previous year. The Title 42 order does not change deportation policy for Mexicans, who made up about two thirds of people expelled by the United States during August and September, according to the CBP. Hondurans, Guatemalans, and Salvadorans account for the next three largest groups.

Meanwhile, the number of repeated attempts has sharply increased, indicating that fewer people are migrating than last year but more of those who are trying to cross the border multiple times.

Between April and September, the proportion of people caught crossing the border more than once surged to 37%, up from 7% for the 12-month period ended in September 2019, according to the CBP.

The president of the Border Patrol union in Laredo Texas, border agent Hector Garza, said the Title 42 order was helping limit the exposure of the border workforce to COVID-19 and avoid overwhelming local hospitals in communities in Texas, which are already experiencing a surge of coronavirus cases.

“But with any benefit there is a downside, and in this case, we’re seeing people coming back and forth, trying to cross multiple times within a 24-hour period,” he told Reuters.

In the border city of Ciudad Juarez on Oct. 31, across from the Texas city of El Paso, Cuban Alexander Garcia stood by the port of entry to the United States. Garcia, who identified himself as a doctor, said he had just been deported after his sixth attempt at crossing the border without authorization.

“They’re returning us in less than three hours!” exclaimed García. “We cross, and they just grab us and push us back into Juarez.”

U.S. Border Patrol Chief Rodney Scott, during a news conference last month, said the pandemic had reduced the ability and willingness of authorities to prosecute because detaining people potentially involved additional risk of spreading COVID-19 in the United States.

“IT MOTIVATES YOU”

About 125 miles east of Salgado’s shelter, Jesus, a guide linked to a local smuggling network, and his Guatemalan girlfriend, Yolanda, have been biding their time in a chilly trailer serving as a migrant stash house along the Mexican border.

They said nearby clashes between rival gangs have delayed Yolanda’s departure across the Sonoran desert into the United States.

But Jesus said he’s heartened by the new U.S. policy – and so are the town’s smugglers that he’s worked for over the years.

“It’s better because if people get caught, they come right back,” he said. “So it’s like, we’re still in business.”

Yolanda was also encouraged when, upon reaching the border, she found out that if she was caught, she would only be sent to Mexico, rather than likely being deported back home.

“It motivates you,” she said, explaining that she left Guatemala after she was forced to close her clothing shop when pandemic restrictions crippled the economy.

She racked up debts, fell behind on her mortgage, and lost her home, she said, joining a small but growing number of Central Americans fleeing the economic crisis triggered by pandemic-related restrictions across the region.

While Title 42 has encouraged some people to risk the crossing after being turned back, some human rights organizations say it erodes migrants’ rights because they are being rapidly returned to Mexico before having an opportunity to explain why they fled their countries or to present a case for why they would qualify for asylum under U.S. law.

CBP said in a statement the agency “remains committed to our obligations to provide safe haven to those who claim persecution.”

(Reporting by Laura Gottesdiener in Monterrey, Sarah Kinosian in Caracas, and Lizbeth Diaz in Mexico City; Additional reporting by Jose Luis Gonzalez in Ciudad Juarez; Editing by Dave Graham, Frank Jack Daniel and Cassell Bryan-Low)