04:29 - Source: CNN
Asylum seekers wait to be processed as Title 42 set to lapse
CNN  — 

Along border fences from California to Texas, crowds of undocumented migrants shelter in tents or queue in lines to be processed.

Many made long journeys on foot or boarded freight trains in hopes of reaching the other side of the border and applying for asylum.

“Can we make a little fire?” a couple from Colombia who were camped out near an El Paso border gate asked a guard member that was behind concertina wire. “We have a girl (daughter) who is very cold, she is shaking.”

Right next to them was another child, a 1-year-old girl, who was also cold.

As Title 42 expired late Thursday night, the US has sent thousands of reinforcements to the southern border, anticipating the Trump-era border restriction policy’s demise could spur an even heavier migrant influx than the country has already seen in recent weeks.

“It will get worse,” one Homeland Security official told CNN.

More than 1,400 Department of Homeland Security personnel and another 1,500 Department of Defense personnel are among those reinforcements, Homeland Security Secretary Alejandro Mayorkas said Wednesday.

About 1,000 asylum officers were being sent to Border Patrol and immigration detention facilities to help screen asylum requests, Mayorkas said. And US Secret Service agents and US marshals are being deployed to help border authorities, two Homeland Security officials told CNN.

That’s on top of the 550 US troops – mostly from the Army – that began a mission Wednesday to support Customs and Border Protection staff at the US-Mexico border, where officials said they’ll help monitor the border and provide data entry and warehouse support, but not perform law enforcement duties.

“We are clear-eyed about the challenges we are likely to face in the days and weeks ahead, which have the potential to be very difficult,” Mayorkas told reporters in Washington.

Follow live updates: Title 42 expires Thursday night

Title 42, a 2020 policy officials said was aimed at stopping the spread of Covid-19, allowed US authorities to swiftly return migrants encountered at the border to their home countries or send them back into Mexico, with some exceptions. Authorities have expelled migrants at the US-Mexico border more than 2.8 million times under Title 42 since the policy began, according to US Customs and Border Protection data.

The policy ended at 11:59 p.m. ET Thursday. Officials have been warning the expiration could attract a surge of migrants and worsen an already challenging humanitarian crisis at the southern border, where communities in recent days have seen makeshift encampments proliferate as border crossings climb.

On Thursday, Texas’ two southernmost counties, Cameron and Hidalgo, issued disaster declarations ahead of the expiration.

Title 42’s lapse “does not mean our border is open,” Mayorkas stressed Wednesday – authorities will lean instead on a decades-old protocol with a few new wrinkles. That protocol, while it could carry heavier legal consequences for those crossing unlawfully, often takes more time than Title 42 expulsions.

And a ruling from a federal judge in Florida on Thursday has curbed, in part, some of the Biden administration’s tools available, temporarily blocking the release of migrants from Border Patrol without court notices, according to a late Thursday court filing.

The Biden administration has been preparing to release some migrants who are apprehended at the border without court dates amid high border arrests, according to the Department of Homeland Security. As of Wednesday, there were more than 28,000 migrants in Border Patrol custody, stretching capacity.

The administration has previously released migrants without court dates when facing a surge of migrants after they’re screened and vetted by authorities. The latest move would release migrants on “parole” on a case-by-case basis and require them to check in with Immigration and Customs Enforcement. Some individuals may also be placed in alternative to detention programs.

Mayorkas said Wednesday it would apply to a “fraction” of the people encountered.

The state of Florida – which has previously taken issue with the release of migrants from custody – filed an emergency motion Thursday asking the court to temporarily block the administration’s plan. The ruling took effect Thursday at 11:59 p.m. ET, coinciding with the end of Title 42, and will expire in 14 days. The Biden administration is expected to appeal.

Over the last two days, border authorities reported taking more than 10,000 migrants into custody daily, marking a record for daily encounters and continuing an upward trend in border arrests.

Many heading to the US are making long and dangerous journeys in hopes of finding better, safer lives. Experts say migrants could be fleeing violence, immigrating for economic opportunities or to reunite with family members.

Jose Luis Gonzalez/Reuters
Migrants cross the Rio Bravo to return to Ciudad Juárez, Mexico, on Saturday, May 13, as members of the Texas National Guard extend razor wire at the border.
Adrees Latif/Reuters
Alison, a 6-year-old migrant from Honduras, stands with her mother while they wait to be transported to a US Border Patrol processing facility in La Joya, Texas, on May 13.
Andrew Caballero-Reynolds/AFP/Getty Images
US Border Patrol agents watch over migrants waiting to take a bus to a processing center in Fronton, Texas, on Friday, May 12. The migrants had turned themselves in after crossing from Mexico.
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A group of men from El Salvador are detained by US Border Patrol agents after crossing the border near Sunland Park, New Mexico, on May 12.
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Migrants waiting to apply for asylum near San Diego reach through a border wall for clothing handed out by volunteers on May 12.
Todd Heisler/The New York Times/Redux
A US Border Patrol agent searches a man from Mexico who crossed the border illegally near Sunland Park on May 12.
Veronica G. Cardenas/The New York Times/Redux
Ligia Garcia and her husband, Robert Castellon, walk with their children to buy food after they were processed by US border officials in McAllen, Texas, on May 12.
Gregory Bull/AP
Paula, a woman from Guatemala, holds her daughter as she asks US border officials about the new asylum rules at the San Ysidro Port of Entry, between San Diego and Tijuana, Mexico, on Thursday, May 11.
Daniel Becerril/Reuters
Migrants in Matamoros, Mexico, gather on the banks of the Rio Grande as they get ready to cross the border to turn themselves in on May 11.
Todd Heisler/The New York Times/Redux
Merejido Del Orbe, who came to the United States from the Dominican Republic, rests at Annunciation House, a shelter in El Paso, Texas, on May 11. He broke his leg when he slipped from a rope while climbing a border fence in April.
Daniel Becerril/Reuters
Texas National Guard soldiers place more razor wire on the banks of the Rio Grande in Matamoros on May 11.
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Migrants from Peru react after crossing the border in Yuma, Arizona, just a few minutes before the lifting of Title 42 on May 11.
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As the sun sets on May 11, migrants wait to be processed by US Border Patrol agents across the border from El Paso.
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Migrants released by US border officials are seen at a cell phone charging station at the Regional Center for Border Health in Somerton, Arizona, on May 11.
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Migrants surrender to the US Border Patrol in Yuma on May 11.
Adriana Zehbrauskas/The New York Times/Redux
Erick Torres and his son Benjamin, migrants from Peru, wait to be processed by US Border Patrol agents in Yuma on May 11.
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Migrants climb onto an air mattress in Matamoros to prepare to cross the Rio Grande toward Brownsville, Texas, on May 11.
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Migrants board a bus after surrendering to US Border Patrol agents in Yuma on May 11.
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A US Border Patrol agent looks on as migrants wait to apply for asylum near San Diego on May 11.
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Norma Garcia Bonilla, from Michoacán, Mexico, waits at Albergue del Desierto, a migrant shelter in Mexicali, Mexico, across from the California border, on Wednesday, May 10. She is seeking asylum in the United States.
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Hundreds of migrants in Ciudad Juárez wait to cross into the United States on May 10.
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Migrants carry a baby in a suitcase across the Rio Grande on May 10.
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A migrant tears up behind a border wall near San Diego on May 10.
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Members of the Texas National Guard are deployed to an area of high migrant crossings in Brownsville on May 10.
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Wendy Velasquez and her 21-month-old daughter, Starley Dominguez Velasquez, have been living for five months at the Albergue del Desierto migrant shelter in Mexicali. They came from Honduras to apply for asylum in the United States.
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Migrants wait to get paid after washing cars at a gas station in Brownsville on May 10. They had arrived the day before from Mexico.
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Migrants surrender to US Border Patrol agents after crossing the border in Yuma on May 10.
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Migrants cross the Rio Grande from Matamoros on May 10.
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Migrants gather between primary and secondary border fences near San Diego on May 10.
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Migrants stand in line as they wait to be processed by US Border Patrol agents in Brownsville on May 10.
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A migrant climbs over a border wall separating Tijuana from the United States after fetching groceries for other migrants who were waiting to be processed by US authorities on May 10.
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A heart-shaped keychain with a photo of Salvadoran migrant Danilo Ruiz and his family hangs from a handbag at a makeshift shelter in Reynosa, Mexico, on Tuesday, May 9.
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Migrant families cross into El Paso from Mexico on May 8.
Mike Blake/Reuters
A US Border Patrol agent watches over migrants who had gathered in San Diego on May 8.
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A woman is helped off a freight train after she became too scared to climb down from the roof on May 7. Migrants have been traveling on top of freight trains as they headed north from southern Mexico. The woman's son, Leonardo Luzardo, told CNN it had been a long, cold night atop the train, feeling like their bodies were turning to ice. "It seemed like we were going to freeze," he said.
Veronica G. Cardenas/AP
Migrants who were trying to evade US Border Patrol agents wait to be processed in Granjeno, Texas, on May 4.
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Children play soccer at a shelter in Tijuana on May 3. Their families were awaiting the end of Title 42.
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Migrants camp out in an alley behind the Sacred Heart Church in downtown El Paso on April 30.
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Migrants wait to be processed by US Border Patrol agents in Santa Teresa, New Mexico, on April 26.

‘I can’t see a light at the end of the tunnel’

The Texas border city of Laredo prepared for the end of Title 42 “like there were a hurricane coming,” Mayor Victor Trevino told CNN Thursday.

There are safety concerns for the migrants themselves, the mayor said, noting that Laredo does not have a permanent pediatric intensive care unit.

“I don’t want to see any child get gravely ill and not be able to treat them,” he said.

“At the end of the day, what has always been a federal problem for decades now has become a local problem for our border communities,” he added, referring to the border crisis.

While the Texas border city of El Paso – which recently saw hundreds of migrants sleeping on sidewalks during a migration surge in the past week – prepares for another influx, a large concern is an apparent lack of a long-term solution, Mayor Oscar Leeser said.

“I can’t see a light at the end of the tunnel,” Leeser said in a Wednesday news conference.

Brownsville Mayor Trey Mendez told CNN his Texas city is “as prepared as we can be,” adding that while it’s unclear whether the lifting of Title 42 would result in higher numbers of migrants, the city “has been on the front lines of this issue for decades.”

Far from the southern border, New York has already been grappling with an increase in migrant arrivals.

On Wednesday, New York City Mayor Eric Adams signed an executive order suspending parts of the city’s right-to-shelter law – citing an expected influx of migrants. The law, when in force, requires the city to provide shelter to anyone who requests it, including migrants who’ve recently arrived.

“With over 130 emergency sites and eight humanitarian relief centers already opened, we have reached our limit, and this last week we had to resort to temporarily housing recent arrivals in gyms,” Adams’ spokesman Fabien Levy said, adding that the city has recently seen more than 500 migrants arrive each day.

Meanwhile, US Border Patrol Chief Raul Ortiz downplayed Thursday night’s Title 42 expiration, telling reporters Wednesday that the surge that was expected to happen after the expiry already occurred in the “last five to six days.”

“It’s not going to be such a significant draw on our processing resources,” Ortiz said. “I think our teams are going to be aptly prepared to be able to deal with those numbers.”

Still, political tensions have mounted over the country’s immigration system.

“Even after nearly two years of preparation, we expect to see large numbers of encounters at our southern border in the days and weeks after May 11 – we are already seeing high numbers of encounters in certain sectors,” Mayorkas said. “This places an incredible strain on our personnel, our facilities and our communities, with whom we partner closely.”

What it looks like along the southern border

About 155,000 migrants are estimated to be in shelters and on streets across northern Mexican states bordering the US, according to a source familiar with federal estimates.

“Like many others, we are looking for a better way of life. We’re looking for safety to go out in the streets,” migrant Marcela Aguilar told CNN affiliate KGTV in San Diego.

“Here, we can have a better future,” another migrant, Sergio Arias, told KGTV. “We won’t have to live in fear.”

In Brownsville, dozens of migrants – most of them Venezuelan nationals – were sleeping on a street early Thursday morning near a respite center and a bus station, where many have sought transportation north.

Some lay on cardboard, covered by Mylar blankets, while others slept on the ground in just the clothes on their backs. But just after 6 a.m., city officials woke them up to clear the area.

A Venezuelan migrant waiting in Brownsville – who asked that only his first name, William, be used – told CNN he came to the US border because he heard about the expiration of the pandemic-era immigration restrictions. But while being processed by immigration authorities, William says he lost track of his wife and two young children.

Mike Blake/Reuters
US border patrol personnel organize a group of families near San Diego, California, on Tuesday.

“I thought we would be reunited, but they just processed me, and then I had to go,” William told CNN Wednesday, speaking in Spanish.

Local officials and charity workers have been unable to help him find his wife, he said. “It’s been seven days. I am asking them where she is, and they say they don’t know.”

The expected surge may be fueled in part by misinformation from smugglers trying to exploit migrants for financial gain, Mayorkas has said.

“Smugglers have long been hard at work spreading false information that the border will be open after May 11 – it will not be,” Mayorkas said.

Advocates also say many of those who were expelled under Title 42 are growing desperate amid a dire situation.

Human Rights First says it’s identified more than 13,000 incidents of kidnapping, torture, rape or other violent attacks on migrants and asylum-seekers who were blocked in or expelled to Mexico under Title 42 since Biden took office.

05:57 - Source: CNN
Migrants describe long, grueling wait at the U.S. Border

Biden administration is planning policy changes

Alfredo Estrella/AFP/Getty Images
Migrants try to get to the US through the Rio Grande, which is reinforced with a barbed-wire fence, as seen from Matamoros, Mexico, on Wednesday.

As the policy lifts, US officials will lean more on the decades-old Title 8, under which migrants could face more severe consequences for crossing the border unlawfully, such as being barred from entering the US for at least five years, they’ve said. Asylum-seekers who cross the border without first applying for asylum could be removed under Title 8 authority.

While Title 8 carries more legal consequences, especially for those caught a second time, processing times under that authority take longer than Title 42 expulsions and could strain already pinched resources.

“The transition back to Title 8 processing for all individuals encountered at the border will be effective immediately when the Title 42 order lifts,” the Department of Homeland Security said in a Wednesday news release.

The State Department plans to eventually open around 100 regional processing centers in the Western Hemisphere and “in the coming days” expects to launch an online platform for immigrants to make appointments, Homeland Security officials said.

The Biden administration is also rolling out a new program for migrant families released in the US to track them as they go through a speedy deportation process, including a measure that would require they stay under home confinement, according to multiple sources familiar with the plans.

In addition, a new regulation expected to go into effect this week would largely ban migrants who traveled through other countries on their way to the US-Mexico border from applying for asylum in the US – with some exceptions.

CNN’s Rosa Flores reported from El Paso, Texas, while Nouran Salahieh and Ray Sanchez wrote and reported in Los Angeles and New York. CNN’s Nick Valencia, Priscilla Alvarez, Catherine E. Shoichet, Andy Rose, Rob Frehse and Joe Sutton contributed to this report.