Two senators are working on legislation that would replace Title 42 for two years once the Trump-era health policy expires next week.
The legislation, co-sponsored by Sens. Kyrsten Sinema (I-Ariz.) and Thom Tillis (R-NC), would still give border authorities the power to expel migrants without first hearing their asylum claims.
However, unlike Title 42 — which allowed summary expulsions to protect public health — Sinema and Tillis’ bill would make exceptions for migrants who have critical medical needs or whose return to their home countries would threaten their life, freedom or expose them to torture, a Sinema aide told Politico.
The measure would require 60 votes to pass the Senate, ensuring it faces an uphill climb in that chamber.
The House is set to hold a vote on its own border legislation next week.
The end of Title 42, set for May 11, is expected to trigger yet another surge of illegal migration across the US-Mexico border. Officials say tens of thousands of migrants are already waiting in Mexico for word that the rule has expired.
Meanwhile, in the 10 days leading up to May 1, an estimated 90,000 migrants crossed the frontier and were either apprehended or escaped detection, according to Border Patrol.
“The already dangerous situation in our border communities is expected to worsen when the Administration ends Title 42 on May 11 without a realistic plan in place to keep Arizona communities secure,” Sinema tweeted Thursday.
“For more than a year, I have urged the Administration to prepare for the anticipated surge of migrant crossings when Title 42 ends.
“Not having a workable plan risks the safety and wellbeing of Arizona’s border communities and the migrants themselves.”
“Obviously, the border is not secure,” Sinema told Fox News on Tuesday.
“Anyone with eyes can see that.”
Title 42 was first implemented in March 2020 amid the onset of the COVID-19 pandemic.
Its expiration, initially planned for May 23, 2022, was delayed following court challenges.
Ultimately, the Biden administration triggered the end of Title 42 by announcing the public health emergency brought on by the pandemic would end on May 11.
Democrats from border states and cities afflicted by the crisis, such as New York City Mayor Eric Adams, have slammed the Biden administration over its immigration policy — while Republicans including Senate Minority Leader Mitch McConnell (R-Ky.) and Sen. Lindsay Graham (R-SC) have pleaded with the White House to extend Title 42.
In response to mounting pressure, Biden announced Tuesday that he will dispatch 1,500 active-duty troops to the southern border ahead of Title 42’s expiration, though those soldiers will perform administrative tasks rather than actual enforcement.
Meanwhile, Mexico announced this week it will continue accepting Cuban, Haitian, Nicaraguan, and Venezuelan migrants who are expelled from the US even after Title 42 ends.
In exchange, the US agreed to continue letting in over 30,000 migrants a month from those countries via a humanitarian parole initiative.
During fiscal year 2022, while Title 42 was still very much in effect, migrant encounters at the southern border topped 2.3 million, according to US Customs and Border Protection.
Representatives for Sinema and Tillis did not immediately respond to requests for comment.