Some Members Of Congress Express Concern Over Expiration Of Title 42

Title 42, the rule the federal government’s been using to expel tens of thousands of asylum seekers and prevent the spread of COVID, is set to expire next week.

The Biden administration said it’s prepared for the consequences — members of Congress aren’t so sure.

For nearly every Republican in Washington, and even some Democrats, the administration’s border policies have been cause for real concern. Record numbers of migrants have attempted to illegally enter the country since President Biden took office, and next week the numbers could spike again.

"It is very possible that on May 11 we will have tens of thousands of people coming at the border." said Sen. James Lankford (R-OK) in an interview this week.

No member of Oklahoma's delegation has been more vocal or made more visits to the U.S.-Mexico border in the last two years than Senator Lankford. He's been warning the administration and anyone who will listen of the potentially negative impacts of discontinuing the use of Title 42 since President Biden first began considering doing so just a few weeks into his presidency.

Lankford has routinely hounded Homeland Security Secretary Alejandro Mayorkas for answers to questions about how the administration was preparing for Title 42's inevitable expiration.

Now that the scenario is just days away from reality, he and others remained concerned.

"Why? Because it’s the single males that are going to come flooding across," said Sen. Markwayne Mullin (R-OK) in an interview. Mullin said it's been Title 42 that's been instrumental in keeping single males out of the country, some of whom, he said, were suspected terrorists.

Administration officials said they won't be caught off guard next week.

"We have been preparing for this transition for more than a year and a half," said Secretary Mayorkas at a news conference Thursday.

At the news conference, Mayorkas announced additional measures intended to encourage legal migration, discourage illegal border crossings and crack down on those who do attempt the cross the border illegally.

Still, the administration is expecting a surge, which is why they’re sending 1,500 active duty troops to the border to support border patrol agents.

"Good, I’m glad they’re sending troops down there," said Sen. Mullin, "but they should have the troops down there, have Title 42 in place, and finish the wall -- and let’s have border security because it’s a national security issue!"

The administration has resumed some wall construction and has walked back some of its initial policy changes, but Lankford said there are still loopholes that migrants can walk right through.

"The basic thing is we’ve got to handle the definition of asylum," said Lankford, "we’ve got to be able to enforce the law, and we’ve got to be able to signal to people around the world that the United States is not an open border."

Ultimately, the White House said, it’s the job of Congress to fix what all agree is a broken immigration system.

Mayorkas said they're doing everything they can to provide assistance to asylum seekers who genuinely need help, while also securing the border.

"Let me be clear," he said, "Our border is not open and will not be open after May 11th."