The Biden administration has given the green light to Border Patrol sectors across the country for “safe” mass releases of migrants if non-governmental organizations (NGOs) are unable to accommodate them.
This decision comes in anticipation of a further surge in migration as the Title 42 public health order is set to be lifted on May 11.
Consequently, migrants may be released in large numbers at various locations, such as bus stops, gas stations, and supermarkets, as well as in towns and cities along the border.
Customs and Border Protection (CBP) facilities are already struggling with overcapacity in multiple sectors, according to sources who have chosen to remain anonymous.
NGOs are nearing their limits in terms of housing migrants, with tens of thousands more expected to enter the United States once the Title 42 order is lifted. The city of El Paso, Texas, has already seen thousands of migrants camped out on the sidewalks.
Mass releases will only occur if NGOs run out of space, but officials believe this is likely.
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Border Patrol has reported 26,000 apprehensions and over 7,000 “gotaways” in a 72-hour period, and authorities are already grappling with overwhelming numbers of migrants.
The lifting of the Title 42 order, first implemented in 2020 during the COVID-19 pandemic, is expected to exacerbate the situation.
“The dam is about to break,” one Border Patrol source said.
The Biden administration has warned against misinformation and urged migrants to use expanded legal pathways instead. However, the prospect of mass releases into the U.S. interior is likely to undermine this narrative.
Acting CBP Commissioner Troy Miller said in a statement late Monday, “As we have said repeatedly, individuals who do not have a lawful basis to remain will be removed. Individuals should not listen to the lies of smugglers and instead use lawful pathways to protection.”
Those released into the U.S. are entered into immigration removal proceedings, which can often take years to finalize. Deportations have dropped sharply under the Biden administration as Immigration and Customs Enforcement’s (ICE) priorities have been narrowed.
Once Title 42 ends, tools like expedited removal under traditional Title 8 authorities will be utilized.
DHS Secretary Alejandro Mayorkas has publicly urged migrants not to come to the U.S. illegally, warning of the dangers and the likelihood of removal.
“The border is not open,” Mayorkas said last week in Texas. “It has not been open, and it will not be open subsequent to May 11.”
“And the smugglers who exploit vulnerable migrants are spreading misinformation,” Mayorkas continued. “They are spreading false information, lies in a way to lure vulnerable people to the southern border and those individuals will only be returned.”
Despite these warnings, migrants continue to stream across the border, with agents encountering 2,000 migrants daily in Brownsville, Texas, alone. CBP sources reported encountering over 8,000 migrants daily across the border in the first four days of May.
To address this crisis, the Biden administration claims it has been working to reduce illegal crossings and establish a more orderly process. This week, the administration announced the deployment of 1,500 troops to the border, who will act in a supporting role to CBP.
DHS is also preparing for NGOs to deal with an increased influx of migrants. Last week, the agency announced the distribution of an additional $332 million in funding to NGOs and local governments to aid migrants released from custody.
Furthermore, the U.S. is partnering with Latin American governments to expand legal pathways, with migrant processing centers being established throughout South and Central America. The Biden administration has also proposed a new asylum rule to bar migrants from claiming asylum if they cross the border illegally and have failed to claim asylum in a country they have already passed through.
In response to the surge in El Paso, authorities announced a “targeted enforcement operation” in the city.
CBP said agents will “process individuals for vetting and placement into Title 42 expulsion or Title 8 removal proceedings, as applicable,” CBP said in a release. Those who are determined to pose a public safety or national security threat will be moved to ICE for detention.
The agency stressed, however, that neither agency will take action “in or near a location that would restrain people’s access to essential services or engagement in essential activities to the fullest extent possible.”