MEXICO: The end of Title 42?
Thank you for reading LatinNews' chosen article from the Latin American Weekly Report, produced since 1967. The full report can be accessed here: Latin American Weekly Report - 11 May 2023
On 11 May, the US federal order Title 42 was finally lifted. This follows three previous attempts to end the order, which was initially implemented to contain the spread of the coronavirus (Covid-19) pandemic. Although it appears that the order has truly ended this time, the US has made it clear that it will continue to expel asylum-seeking migrants to Mexico, with the cooperation of the Mexican government, as well as adding other new limitations on asylum.
Since its implementation in March 2020, Title 42 has been used to expel migrants over 2.8m times. The vast majority of these migrants were returned to Mexico, where the government agreed to accept certain nationalities, starting with those from El Salvador, Guatemala, and Honduras, and later expanding to those from Cuba, Haiti, Nicaragua, and Venezuela. Human rights organisations have long argued that the measure violates the right to asylum and creates dangerous conditions in overcrowded Mexican border towns.
In the hours leading up to Title 42’s lifting, local press reported that thousands of migrants had amassed in Mexican border towns. This will likely bolster US concerns that the lifting of the measure will spark a surge in illegal migration. According to US Department of Homeland Security (DHS) projections, after Title 42 is lifted encounters with migrants on the border could rise to 11,000-13,000 a day, up from around 6,000 currently.
However, it appears the US will use other measures to expel migrants and restrict access to asylum post-Title 42. US President Joe Biden and Mexico’s President Andrés Manuel López Obrador discussed ways to boost border enforcement in a phone call on 9 May. A US White House statement noted that authorities would return to full reliance on Title 8, which carries “steeper consequences for those removed than expulsion under Title 42”.
On 2 May, the Mexican government also announced it would continue to accept migrants expelled from the US, although not detailing whether this would only apply to migrants of certain nationalities or demographics, and if there would be a daily or monthly cap. The US has also announced plans to introduce an “asylum transit ban”, which would refuse asylum processing to many migrants who crossed between ports of entry and who passed through other countries on their way to the US-Mexico border without seeking asylum there.
In their call, López Obrador and Biden reiterated their commitment to expanding legal pathways for migrants. These include the continuation of the humanitarian parole programme for 30,000 citizens per month from Cuba, Haiti, Nicaragua, and Venezuela; the issuing of H-2B and H-2A temporary work visas; and a new family reunification parole process for those from El Salvador, Guatemala, Honduras, and Colombia, adding to an existing programme for Cuba and Haiti.
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According to the US-based rights lobby group Washington Office on Latin America (Wola), these legal pathways, plus the 1,000 daily CBP One appointments at land-border ports of entry for asylum-seeking migrants,?could allow over 1m people to be legally admitted into the US each year if applied to their full extent. Wola points out that this comprises less than half the number of migrants currently being apprehended at the border, indicating the scope of such alternative pathways falls far short of demand.
CBP One
In January, US Customs and Border Protection (CBP) introduced a new feature on its smartphone app, CBP One, that allowed a limited number of especially vulnerable migrants per day to make an appointment at a port of entry. However, the app was plagued with technical issues and appointments ran out quickly. In early May, CBP announced improvements to the app, including an increase to 1,000 appointments a day. Still, the system continues to favour those with decent phones, technical capability, and connectivity, sidelining the most vulnerable.
Thank you for reading LatinNews' chosen article from the Latin American Weekly Report, produced since 1967. The full report can be accessed here: Latin American Weekly Report - 11 May 2023
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