Topline
On Thursday, more than a dozen Democratic state attorney generals urged the Biden Administration to cease using a Trump-era rule in public health to quickly expel Haitian migrants who were caught at the U.S.–Mexico border. This comes as President Joe Biden is facing increasing criticism for his handling of the recent surge in immigration from Democrats and immigration advocates.
Haitian migrants cross Rio Grande to obtain food and water in Mexico. They are near Del Rio, Texas, on September 19, 2021. AFP via Getty Images
The Key Facts
The 16 attorneys general from 16 states, the U.S. Virgin Islands, and Washington, D.C. signed a letter criticizing the 18-month-old federal policy of quickly removing all migrants from the U.S. once they are caught crossing the border illegally. After thousands of Haitian migrants had crowded into a temporary camp at the Texas border town Del Rio, and overtook immigration agents earlier in the month, officials questioned Biden about his recent increase in removal flights to Haiti. The officials urged Biden to evaluate each Haitian migrant individually rather than removing them all at once. This was after thousands of migrants from Haiti crowded into a makeshift camp in Del Rio, Texas, earlier this month. According to a resignation letter obtained from PBS Newshour, U.S. Special Representative for Haiti Daniel Foote quit Wednesday. He called the removal flights inhumane as Haiti cannot sustain the forced infusions of thousands of migrants returning home without food, shelter, money, and additional human tragedy. Forbes reached out to DHS for comment but the department did not respond immediately.
Important Quote
The letter from Illinois Attorney General Kwame Rahoul and 17 of his colleagues stated that we understand that the administration must continually reconsider and develop responses to the challenging crisis that is unfolding every day. Individuals seeking asylum or other humanitarian assistance in this country are worthy of our compassion and respect.
Contra
Alejandro Mayorkas, Secretary of Homeland Security, defended Thursday's decision to expel Haitian migrants. In an interview with CNN's Wolf Blitzer, Mayorkas described Biden's rapid removal policy in terms of a public health imperative and stated that the federal government sends additional resources to Haiti to absorb migrants. Mayorkas stated that we are using this authority to protect the health, safety, and well-being of the migrants, our personnel, and the American people.
Big Number
1,401 According to Forbes, that's how many Haitian citizens have been flown from Texas and Haiti between Sunday night and Wednesday. After 12 repatriation flights were conducted and thousands of migrants were taken into custody, fewer than 5,000 people still remained at the Del Rio camp on Wednesday evening.
Surprising Fact
The Associated Press reported Wednesday that some migrants were released into the United States after being given notices to appear in an immigration office. Mayorkas stated to CNN that federal agents had released only a small portion of the total number, which included people with medical conditions and other vulnerabilities.
Important Background
The Trump administration began quickly removing border-crossers in the early days after the Covid-19 pandemic, which occurred in March 2020. This practice was justified by Title 42, an obscure public health law. Over the past year, immigration authorities used Title 42 to expel most of those caught by U.S. Border Patrol. Many migrants were sent back to Mexico within hours of being arrested. Biden exempted minors unaccompanied from the policy in January. However, he continues to expell most adults and families via Title 42 despite a rapid rise in the number of migrants being arrested by Border Patrol each month. The policy was also supported by his administration in court, where he argued that it prevents coronavirus epidemics from overwhelming migrant communities and detention centers.
Chief Critic
Democrats and activists have been furious at Biden's continued use Title 42 for months. Hundreds of House Democrats demanded that he end the practice in February. Critics consider the policy inhumane, legally questionable, and argue that it denies migrants their legal right of asylum seeking and could result in them being sent to dangerous locations abroad.
What to Watch
Following a lawsuit brought by the American Civil Liberties Union, and other groups, a federal judge ordered that the Biden administration stop using Title 42 for the removal of families. Federal lawyers appealed the decision to the D.C. and requested that a preliminary injunction be put into effect next week. Circuit Court of Appeals ordered the suspension of the injunction.
