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Ryan King, Breaking Politics Reporter


NextImg:Title 42 ending: Democrats break with Biden as border communities brace for surge

Multiple Democrats are going public with concerns that President Joe Biden's administration hasn’t done enough to prepare for the expected fallout from Title 42 expiring.

Title 42, a pandemic-era policy that allowed U.S. Border Patrol to expel immigrants without an asylum hearing, is set to expire at 11:59 p.m. Thursday. Blowback from his own party has been most pronounced from border-state Democrats and even includes some who have historically been reticent to call him out by name.

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Here is a rundown of some of the top Democrats who are voicing concerns.

Bob Menendez

Senate Foreign Relations Committee Chairman Bob Menendez (D-NJ) decried Biden's decision to dispatch 1,500 troops to the border to help bridge security gaps for roughly three months in response to Title 42's end as "unacceptable." The troops aren't expected to assist directly with "enforcement work."

“The Administration has had over two years to plan for the eventual end of this Trump-era policy in a way that does not compromise our values as a country. I have offered them a strategic and comprehensive plan, which they have largely ignored," Menendez said in a statement.

"Trying to score political points or intimidate migrants by sending the military to the border caters to the Republican Party’s xenophobic attacks on our asylum system," he added.

Henry Cuellar

Many border-state Democrats have long been vexed by the Biden administration's policies toward the southern border. Rep. Henry Cuellar (D-TX) is one of them. Late last year, he criticized Biden for declining to visit the border during his first two years in office. Biden toured El Paso in January as part of his first visit to the border as president.

Cuellar recently gave Biden credit for tacking more to the middle on immigration recently but lamented that it wasn't enough.

“Now, the administration needs to go to the center, and I’ve asked them to go to the center, and I think some of the policies that they’re about to implement brings them to the center, in my opinion, a little bit too late, but at least they’re getting policies that will come to the center,” he told Fox News Sunday.

Jacky Rosen, Catherine Cortez Masto, and Susie Lee

A trio of Democrats from Nevada echoed many concerns about the Biden administration's preparedness for the end of Title 42. Sens. Catherine Cortez Masto (D-NV) and Jacky Rosen (D-NV) and Rep. Susie Lee (D-NV) sent a letter to Biden on the eve of Title 42's end outlining their concerns.

“These frontline officials are being stretched thin, hampering their abilities to protect the homeland and to efficiently and humanely move people through the asylum process,” the trio wrote in the letter. “That is why it is so critical that we surge resources that increase capacity both at and between ports of entry.”

Both Cortez Masto and Lee have backed Title 42, with Cortez Masto voicing apprehension about it being allowed to expire.

Joe Manchin

Perhaps Biden's biggest Democratic maverick to contend with, Sen. Joe Manchin (D-WV) sharply rebuked his administration's handling of the situation. The senator has stepped up his criticism of Biden recently after drawing Gov. Jim Justice (R-WV) as a candidate for his Senate seat. Manchin has not yet revealed his 2024 plans.

"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," Manchin tweeted.

Jon Tester

Up for reelection in a red state, Sen. Jon Tester (D-MT) declared his opposition to the administration's decision to allow Title 42 to expire this week.

“I oppose the Biden administration plan to end Title 42 this week without a real plan in place for the strain that will put on an already broken immigration system,” Tester said in a video statement.

“My top priority is defending Montana and keeping our nation safe,” Tester added. “That means standing up to anyone, including President Biden, to secure the southern border and stop the deadly flow of fentanyl into our communities.”

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Kyrsten Sinema

Although no longer a Democrat, Sen. Kyrsten Sinema (I-AZ) continues to caucus with them in the Senate and has been forceful against the Biden administration publicly.

"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 warned at a McCain Institute's Sedona forum.

Last week, she joined Sen. Thom Tillis (R-NC) in proposing legislation that would effectively preserve Title 42's rapid expulsion policy without using a national health order to do it. The legislation is very unlikely to clear Congress before Title 42 expires.

Mark Kelly

Sen. Mark Kelly (D-AZ) applauded Biden for sending "additional manpower" to the border. But he has also been prodding the administration to step up its game. Last week, he joined Sinema in a letter to the administration requesting Mayorkas "avoid migrant street releases." Earlier this year, he was more blunt.

"They don’t have a plan for when Title 42 goes away. I still don’t think they have a plan. So this is a process of me pushing the administration and sometimes getting results and also having to drop legislation," he told Fox News in May.

Raul Grijalva

Rep. Raul Grijalva (D-AZ) acknowledged Biden's efforts to prepare for Title 42's end but stressed it hasn't been enough.

“While the Biden administration has given its best effort to prepare for the lifting of Title 42, it’s clear they’ve fallen short. In speaking with Arizona officials and local communities along the border, it’s evident that coordination from the federal government is lacking," he said in a statement. "The latest troop deployments by President Biden and militarization are not the answer.”

Grijalva called upon the administration to ramp up resources, "create additional legal immigration pathways," and collaborate with "hemispheric partners to address the root causes of migration."

“Let’s be clear: while the Biden administration has fallen short, it’s because of the broken immigration system that Congress has failed to fix. The current solutions proposed by House Republicans for our immigration system are partisan and create further chaos at our border. A comprehensive legislative solution is badly needed," he added.

Ruben Gallego

A rising liberal star in Arizona politics, Rep. Ruben Gallego (D-AZ) recently urged the Biden administration to ramp up resources for border communities and boost transparency. His concerns about the administration's preparedness are significant given the fact that he announced a campaign for Sinema's Senate seat in January.

“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,” Rep. Ruben Gallego (D-AZ) said in a statement released with a letter to Biden on the policy. "With Title 42 set to end on May 11, we need the Biden administration to act, and to act fast."

Sharice Davids

The only Democrat from Kansas's congressional delegation, Rep. Sharice Davids (D-KS), implored the Biden administration to pursue bipartisan immigration reform with Republicans in Congress actively.

Top officials such as Homeland Security Secretary Alejandro Mayorkas have stressed the need for comprehensive reform, but so far, there appears to be little bipartisan talk on the subject.

"U.S. House Republicans plan to initiate debate about immigration reform in the coming weeks. I urge you and the white house to you me in engaging in these conversations about what the landscape for immigration reform in our country should book like," Davids wrote in a letter to Biden Monday.

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In the face of party blowback and uproar from Republicans, the Biden administration has continued to project confidence in its ability to handle Title 42's demise.

"We are cleareyed about the challenges that we are likely to face in the days and weeks ahead, and we are ready to meet them," Mayorkas told reporters Thursday. "Our plan will deliver results. It will take time for those results to be fully realized."