Title 42 on track to be scrapped May 23, White House says

The controversial Title 42 policy of turning away migrants at the border is still on track to be gone on May 23, the White House confirmed Monday.

The pandemic-era policy was deemed no longer necessary by the Centers for Disease Control and Prevention on April 1, but Republicans and centrist Democrats have asked for it to be extended, fearing a migration surge at the U.S.-Mexico border.

“I’d just note that we’re continuing to prepare for May 23 and the implementation,” White House press secretary Jen Psaki said. “There’s a multipart strategy that Secretary [of Homeland Security Alejandro] Mayorkas has been leading and overseeing these past months.”

Reports circulated last week that Biden may delay the repeal of the border restrictions, which were boosted when it was announced that Biden would be meeting with the Congressional Hispanic Caucus Monday afternoon. Less than a month from the policy’s end date, that doesn’t appear to be the case.

“It’s important to remember that Title 42 is not an immigration policy or an immigration authority, it’s a health authority,” Psaki said, repeating an oft-stated administration line. “There has been planning in the works for months for this possibility, that the CDC could take this action.”

The Title 42 decision comes after the CDC asked the Justice Department to appeal a federal court ruling against the federal transit mask mandate, saying this pandemic power is still needed.

Shortly after the White House briefing, a federal judge barred the Biden administration from lifting Title 42 by the expected date.

Immigration policy has taken center stage in recent weeks, with border crossings surging and pandemic policies waning. House Minority Leader Kevin McCarthy and eight other Republican representatives toured the border on Monday. Psaki said Title 42 was not the reason for Biden’s meeting with the Congressional Hispanic Caucus.

“We’re continuing to prepare to implement the lifting of Title 42, a decision that was made by the CDC,” said Psaki. “There are some who are very vocal about how they’d like to see it extended. Some are vocal about how they would not like to see that happen, so that’s an important discussion that will be happening over the coming days and weeks.”

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