Biden Enforcement Priorities Target Post-November 2020 Border Crossers; Title 42 Expulsions Reported
Key Takeaways
- CBS News reports migrants who arrived at the U.S.-Mexico border after November 2020 are a priority for arrest and deportation.
- The Biden administration has focused immigration enforcement on three areas: national security, border security, and serious criminal threats.
- Some border-crossers have been rapidly expelled to Mexico under Title 42, a Trump-era public health measure, according to the report.
- Title 42 expulsions differ from formal deportations under Title 8 and generally bypass standard asylum screenings.
- Interior arrests of long-settled immigrants without recent criminal histories have reportedly been deprioritized.
What’s New and Who Is a Priority
According to CBS News, Biden administration guidance has directed immigration officers to prioritize migrants who arrived at the southern border after November 2020 for arrest and potential deportation, alongside cases implicating national security and recent serious criminal conduct. The policy, issued to focus limited resources, shifts enforcement away from broad interior arrests and toward border security cases. For immigrants already living in the United States without recent criminal convictions or recent unlawful entry, this can mean a lower risk of arrest, though removal orders and court obligations still apply. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), both under the Department of Homeland Security (DHS), implement these priorities.
Title 42: Rapid Expulsions at the Border
The report notes that some border-crossers have been quickly expelled to Mexico under Title 42, a public health authority invoked during the pandemic by the Centers for Disease Control and Prevention (CDC) and first implemented under the Trump administration. Unlike deportations under Title 8 (the immigration statute), Title 42 expulsions typically occur without an immigration court hearing and with limited opportunity to request asylum, though certain exceptions have applied, including for unaccompanied children at various points. For migrants, the distinction matters: a Title 42 expulsion generally does not carry the same formal immigration penalties as a Title 8 removal, but repeated crossings can still lead to prosecution and future immigration consequences.
What This Means for Migrants and Practitioners Right Now
For recent arrivals, especially those apprehended shortly after crossing, the risk of swift action—either expedited removal under Title 8 or expulsion under Title 42—can be high, the report indicates. Asylum seekers should be prepared that they may not receive a standard asylum screening if processed under Title 42, while those placed in Title 8 proceedings may face expedited timelines and must seek legal counsel quickly. For long-standing residents with deep community ties and no serious recent criminal record, enforcement may be less likely under current priorities, but anyone with a prior removal order or pending case should continue to attend all check-ins and hearings. Lawyers and advocates are watching how these priorities are applied on the ground, given backlogs, shifting reception policies in Mexico, and evolving DHS operational guidance.
Source: Original Article