


President Joe Biden has received bipartisan criticism for the end of Title 42, with Democrats slamming the president for a perceived lack of preparation as the policy comes to a close.
The end of the pandemic-era expulsion policy, which allowed Border Patrol to expel immigrants from the U.S. without an asylum hearing, is expected to cause an influx of border crossings when it ends on Thursday.
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Blowback from Biden's own party has been most pronounced from border state Democrats and even includes some who have historically been reticent to criticize him by name. Rep. Ruben Gallego (D-AZ) said in a statement that border communities are "unequipped" for the expected surge and sent a letter to various Biden administration officials asking for specific aid, saying they must "act fast."
“I’ve heard directly from leaders in our border communities and it’s abundantly clear that they, through no fault of their own, are simply unequipped to handle the surge of migrants that are expected when Title 42 ends,” Gallego said in a statement.
He continued, “They need tangible resources like buses, beds, personnel, and funds to both process asylum claims in an orderly way and keep their communities safe. It is imperative the Biden administration work directly, in real-time, with these communities to support them in every way they need. That’s why I’m reaching out to federal officials to make sure they know exactly what Arizona needs. With Title 42 set to end on May 11, we need the Biden administration to act, and to act fast.”
Sen. Mark Kelly (D-AZ) has also been critical of the Biden administration's plan for the expected surge once Title 42 expires, saying to KPNX last month that he does not "have a high level of confidence" in that plan.
The Biden administration has said it plans to open processing centers in Guatemala and Colombia for immigrants, along with a push for more funding toward border communities and Border Patrol. The White House has maintained in the lead-up to the end of Title 42 that more comprehensive solutions should come from Congress.
Kelly and Sen. Kyrsten Sinema (I-AZ) sent a letter to Homeland Security Secretary Alejandro Mayorkas last week urging funding for non-profit groups and border communities to assist with the expected influx. The senators announced on Friday they had secured more than $45.4 million in funding following the letter, which urged the funds be used to prevent mass releases of immigrants into border communities.
“This funding we secured will provide much-needed resources for our border communities at a critical time to help manage an influx of migrants. We’ll keep working with the administration and border communities to ensure a secure, orderly, humane process,” Kelly said in a statement.
Rep. Vicente Gonzalez (D-TX), whose district borders Mexico, has pushed for legislation to designate "safe zones" for individuals to seek asylum along the U.S.-Mexico border and in Guatemala. He also has said the immigration system has "been pushed to its limits" and that more support is needed for communities and Border Patrol.
"The scenes of migrants lining up at the Southern Border and in my district over the past few days are expected to persist, and likely increase, as Title 42 comes to an end. Our immigration system has been pushed to its limits and we do not have the personnel nor the necessary resources to process all migrants encountered at the border. Our Customs and Border Protection officers, Border Patrol agents, and local governments are doing everything they can with the resources they have available, but it is not enough," Gonzalez said in a statement in April.
Vulnerable Senate Democrats who represent states far from the U.S.-Mexico border have also expressed concern over the administration's border policy. Sen. Joe Manchin (D-WV) introduced legislation alongside Sens. Sinema, Thom Tillis (R-NC), and John Cornyn (R-TX) to enact a policy similar to Title 42 that would give the administration temporary expulsion authority for two years.
“It is truly a shame we continue to govern from crisis to crisis. Despite ample notice about the pending expiration of Title 42, the Administration has failed to properly secure our southern border. The immigration crisis is only getting worse and our broken immigration system is ill-equipped to handle it," Manchin said in a statement announcing the legislation.
Sen. Jon Tester (D-MT) expressed concerns over the end of Title 42 to Department of Homeland Security officials at a hearing last week, saying ending Title 42 does not make "a lot of sense right now."
"DHS is planning to end Title 42 next week, and I don’t think ending the practice of Title 42 makes a lot of sense right now. I am concerned about the administration’s preparation, or lack of it, with an expected surge of migrants that will come to a border," Tester said.
Sinema, who left the Democratic Party in December 2022, has also been critical of the Biden administration's handling of the looming expiration of Title 42. She discussed the legislation to extend Title 42 provisions, saying it was a "band-aid" solution because border communities are not ready for the expected surge.
"The Biden administration had two years to prepare for this and did not do so. Our state is going to bear the brunt. Migrants will be in crisis as soon as next week. It will be a humanitarian crisis because we’re not prepared," Sinema said.
"The legislation we introduced yesterday is ability tiding this over, giving us time and space for the Biden administration to do their job and for us legislators to create a plan to get through the House and Senate," she added.
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Mayorkas has downplayed the predictions of a border surge, saying the agency has had more than a year to prepare for the end of Title 42.
"We've been preparing for this for more than a year and a half," Mayorkas told CBS's Face the Nation on Sunday. "We are working closely with many countries to the south. It's going to take our plan a while to really take hold — for people to understand that they can access lawful, safe, orderly pathways before they reach the border."