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As it happenedended

Title 42 expiration – latest: Child migrant dies in US custody as Biden under fire over immigration policy

More than 2.8m people have been turned away from Mexico border since Title 42 was enacted during the pandemic

Ariana Baio,Joe Sommerlad
Saturday 13 May 2023 13:09 EDT
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Title 42 immigration policy ends Thursday

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An unaccompanied child migrant died while in US custody just days before Title 42, the pandemic-era policy that prevented individuals seeking asylum from entering the US on the pretext that they could pose a health risk, expired on Thursday evening.

In anticipation of the policy change, once more restoring the right to an asylum hearing, President Joe Biden enacted new immigration policies which are being harshly criticised for being too restrictive.

Under Mr Biden’s new policies, people from countries other than Mexico will have to request asylum in the country they are coming through before requesting it in the US.

Several organisations, including the American Civil Liberties Union, have filed a lawsuit against the new immigration policies saying they mimic Trump-era ones.

Over the last three years, authorities have effectively used Title 42 as a makeshift solution to the country’s ongoing border crisis, with over 2.8m people turned away since its introduction.

With the policy’s termination, many are worried border towns will become overwhelmed with migrants. Ahead of the expiration, Texas towns El Paso and Brownsville declared an emergency.

Incoming weather may bring dangerous conditions

Migrants who are crossing the Rio Grande River to reach the US border through Mexico may be warned in the coming days to keep an eye on rainfall.

The journey from Mexico to the US is a dangerous one, and notoriously crossing the Rio Grande can be one of the most perilous parts of the trip.

As the US sees a surge in the number of migrants due to the end of Title 42, some are warning asylum seekers to keep an eye on the weather - more rainfall could mean flooding or increased water levels making the Rio Grande more dangerous.

Ariana Baio12 May 2023 21:00

WATCH: Secretary of Homeland Security joins White House briefing

‘Our borders are not open’: US security secretary confirms end of Title 42 immigration order
Ariana Baio12 May 2023 21:30

Approximately 23,000 migrants in Border Patrol custody

A Homeland Security official told CNN that as of Friday afternoon, approximately 23,400 migrants were in Border Patrol custody.

The number is slightly lower than it was earlier in the week.

Ariana Baio12 May 2023 22:13

Eric Adams weakens shelter mandate as New York City

New York City Mayor Eric Adams is weakening a decades-old right-to-shelter mandate to prepare for thousands of newly arrived people in the US after the expiration of a Trump-era policy that blocked hundreds of thousands of migrants from entering the country.

The mayor’s executive order suspends a rule that guarantees shelter for families with children if requested by 10pm, and it suspends a rule that prohibits families from living in group settings. The city and state anticipate hundreds of daily arrivals with the end of Title 42, which expires at midnight on 11 May.

Alex Woodward reports:

Eric Adams weakens shelter mandate as New York City brace for Title 42’s expiration

The mayor loosens a decades-old mandate after New York ‘reached our limit’ with thousands of new arrivals

Ariana Baio12 May 2023 22:30

House of Representatives pass border bill

Hours before Title 42 expired on Thursday evening, the House of Representatives passed a bill

HR 2, known as “Secure the Border Act” would restart border wall construction and force asylum seekers to remain in Mexico until their court date - both highly controversial and widely disputed policies.

The bill passed 219-213 in the Republican-majority House but will likely not pass in the Senate. The White House also indicated it would veto the bill.

Ariana Baio12 May 2023 23:00

Watch: Migrants attempt to cross US-Mexico border moment Title 42 expires

Migrants cross US-Mexico border as Title 42 expires
Ariana Baio13 May 2023 00:00

ACLU sues Biden Administration over new immigration policies

The American Civil Liberties Union (ACLU) along with several other organisations filed a lawsuit against the Biden Administration, claiming the rule that limits asylum seekers is too restrictive and mimics Trump-era immigration rules.

The lawsuit was filed shortly after midnight on 12 May as Title 42 expired.

“The Biden administration’s new ban places vulnerable asylum seekers in grave danger and violates US asylum laws,” Katrina Eiland, managing attorney with the ACLU Immigrants’ Rights Project said in a press release.

“We’ve been down this road before with Trump. The asylum bans were cruel and illegal then, and nothing has changed now,” Ms Eiland added.

Under President Joe Biden’s new rule, people seeking asylum at the border who are from countries other than Mexico are ineligible unless they have obtained a rare appointment or already attempted to obtain asylum in another country first.

Melissa Crow, director of litigation for the Center for Gender & Refugee Studies said, “People feeling persecution have a legal right to seek asylum, no matter how they reach the border.”

Ariana Baio13 May 2023 01:00

Less chaotic scene than anticipated

Friday was less chaotic than some officials had anticipated after the midnight expiration of Title 42, as the Assistant Secretary for Border and Immigration Policy Blas Nuñez told CNN there was no “substantial increase overnight or an influx at midnight” of migrants.

Ariana Baio13 May 2023 02:00

Unaccompanied migrant child dies while in custody of US

An unaccompanied migrant child died while in the custody of the US Department of Health and Human Services (HHS), the White House confirmed on Friday.

In a press briefing, White House Press Secretary Karine Jean-Pierre said the White House was “aware of the tragic loss” and President Joe Biden had been briefed on it.

Ariana Baio reports:

Unaccompanied migrant child dies while in custody of US

Details about how or when the child died were not provided

Ariana Baio13 May 2023 03:00

13 New York Democrats request Biden ease work authorisation delays

Representatives and Senators from New York co-signed a letter to President Joe Biden on Friday asking that the administration ease delays for migrants to receive work authorisations.

“We write to urge the administration to ease the undue delays in granting work authorizations to asylum seekers,” the letter begins.

Under the Immigration and Nationality Act, asylum seekers must wait a minimum of 180 days since their asylum application has been filed to be granted work authorisation.

Additionally, asylum seekers can only apply for work authorisation 150 days after submitting their asylum application and then wait another 30 days to receive employment authorisation documents.

“That means that, for roughly six months after submitting the application, asylum seekers cannot provide for themselves or their families,” the letter says.

“We ask that your administration support the many states, cities, and communities enthusiastically welcoming asylum seekers across this country by increasing the use of parole and decreasing the regulatory 150-day wait period for asylum seekers to apply for work authorization.”

The letter was signed be Senators Charles Schumer and Kristen Gillibrand as well as Representatives Alexandria Ocasio-Cortez, Jerrold Nadler, Grace Meng, Hakeem Jeffries, Nydia Velazquez, Jamaal Bowman, Yvette Clarke, Daniel Goldman, Adriano Espaillat, Ritchie Torres and Gregory Meeks.

Ariana Baio13 May 2023 04:00

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