On May 11, the end of the public health emergency associated with the COVID-19 pandemic will trigger the automatic end of the cruel and unlawful Title 42 policy at the border. Title 42 is a pandemic-era authority, first implemented by the Trump administration in March 2020, that has been wrongfully used over 2.6 million times to rapidly expel migrants at the border without offering them the opportunity to seek asylum or other humanitarian protection under U.S. law.
In recent years and across administrations, a politics of fear at the border has driven a cycle of reactive, punitive policies that dehumanize migrants and erode legal protections for asylum seekers. Title 42 is unique in its cruelty, but in some ways the policy is a natural evolution of the inhumane, deterrence-based approaches that have characterized discussions around how to treat those seeking safety. The end of Title 42 represents a critical opportunity to free ourselves from this cycle and turn toward humane solutions that would both effectively manage the border and meaningfully welcome those seeking protection.
But instead, the Department of Homeland Security has already announced plans to replace Title 42 with a series of Trump-era asylum restrictions like a proposed asylum ban, expedited removal, and an expanded use of immigrant detention and deportation. In Congress, a proposed bill in the Senate seeks to extend Title 42-style expulsions for two years – except with even fewer protections and no exemption for unaccompanied children. The House, meanwhile, is set to vote for a legislative package full of anti-asylum, anti-immigrant proposals that would eviscerate pathways to humanitarian protection.
These efforts are not in keeping with our long legacy of welcome and would do nothing to address the challenges we face. This is a critical time to call on our national leaders to reject anti-immigrant, anti-asylum regulations and legislation and instead to invest in concrete solutions that expand our capacity to welcome.
CONTACT YOUR TWO SENATORS AND ONE REPRESENTATIVE TODAY!
On the right-hand side, you can send an email or receive a phone call that connects you to your Members of Congress
Sample Email/Script: “As your constituent from [CITY/TOWN] and [a person of faith/refugee/ member of my community], I urge you to support welcoming, humane border solutions following the end of the cruel Title 42 policy on May 11.
The end of Title 42 represents an opportunity to reject harmful border policies driven by fear and address the challenges we face with proven solutions that would expand our capacity to welcome those seeking protection. Specifically, I urge you to:
- Reject legislation that would further entrench anti-asylum, anti-immigrant, anti-family policies. Proposed legislation – in particular the Secure the Border Act (H.R. 2) in the House and legislation proposed by Senators Sinema and Tillis in the Senate – would abdicate our responsibility to those seeking protection and do nothing to effectively manage the border.
- Denounce plans from the administration to replace Title 42 with asylum restrictions like the asylum ban, expedited removal, and increased immigrant detention and deportation. The right to seek asylum is a human right, enshrined in U.S. and international law.
- Support solutions that recognize our long legacy of welcome. Instead of harmful and punitive policies, I urge you to pursue border solutions that live up to our values, including by supporting policies that:
- Resource and improve coordination with shelter networks along the border and in the interior that are meeting basic needs and doing the work of welcome.
- Establish and build upon community-based case management programs for asylum seekers and new arrivals as they pursue immigration relief.
- Expand access to work authorization for asylum seekers, including by eliminating bureaucratic delays and addressing processing backlogs.
- Strengthen access to safe and permanent pathways to enter the U.S., while recognizing these paths can never and should never replace the right to seek protection at the border. This should include robust investments in the U.S. resettlement program and the asylum system.
We must address the challenges we face at the border with compassion, not return to anti-asylum policies that have been proven to be harmful and ineffective. Thank you.”
Contact the Biden Administration
On the right-hand side, you can send a tweet to President Biden and DHS Secretary Alejandro Mayorkas
Amplify on Social Media: Share this message with national leaders on social media! Below are some sample social media posts and here you can find some sample graphics:
- Title 42 is immoral and violates U.S. and international law. Its end represents an opportunity to reimagine a border that recognizes our capacity to welcome. #ProtectAsylum
- Seeking asylum is a fundamental human right – we must turn to solutions rooted in welcome and compassion to replace Title 42 when it ends on May 11.
- Border solutions that would live up to our values:
- Support NGOs and shelter networks doing the work of welcome
- Establish community-based case management programs
- Improve access to work authorization
- Build safe and permanent pathways to protection
- CWS Statement: Administration Plans for Regional Processing Centers for Refugees and Migrants in the Western Hemisphere Raises Questions, Leads to Calls for Permanent Protections
- CWS Statement: Reported Reinstatement of Trump-Era Rapid Asylum Processing Signals a Step Back for Biden Administration, Sounds an Alarm for those Legally Seeking Asylum
- The Nightmare Continues: Title 42 Court Order Prolongs Human Rights Abuses, Extends Disorder at U.S. Borders
- Title 42 and What Comes Next at the Border
- 5 Facts About Title 42: Why Congress Should Not Codify the Trump-Era Expulsion Policy
- Human Rights First: Biden Administration and Congress Should Avoid Exacerbating Expedited Removal Deficiencies
- America’s Voice Digital Toolkit for the end of Title 42
- America’s Voice Landing Page with Resources on the End of Title 42
- Welcome With Dignity: End of Title 42 Messaging Guidance
- Women’s Refugee Commission: Observations and Recommendations Following April 2023 US-Mexico Border Monitoring Visit to Arizona, Southeast California, and Northern Mexico
- HRF: Landing Page with Resources on the Asylum Ban
- HRF: Landing Page with Resources on Title 42
- AILA Policy Brief: What Does Effective Border Management Look Like
- First Focus Blog: Title 42 ends, but children still in danger
- ACLU, NIJC, CGRS file legal complaint against the asylum ban
- Implications of the Biden Asylum Rule in Mexico, Costa Rica, Colombia, and the Northern Triangle Nations
- What to Know About the Biden Administration’s New Asylum Restrictions
- Bill Analysis: Two-Year Temporary Expulsion Authority Legislation (S.1473)
- Know Your Rights with the Media: A Guide for People Seeking Asylum
- How to Seek Asylum (Under Biden’s Asylum Ban) in 15 Not-At-All-Easy Steps
- Americans’ for Immigrant Justice’s CFI Prep Guidance
- Welcome With Dignity Messaging Guide
- NIPNLG: Asylum Ban FAQ
- Immigration State of Play Post-Title 42