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Immigration judge says trial workloads and resource constraints are ‘a problem’

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NPR’s A Martinez asks Mimi Tsankov, president of the National Association of immigration judges, about the end of Title 42.

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EL PASO, TEXAS: Border shelters in El Paso, Texas are already being "overwhelmed" by the vast numbers of migrants they are facing, even before the end of Title 42 later this week, officials who work at the shelters tell Fox News Digital.

"It's just a very overwhelming volume that we're seeing right now. So I don't think it's that we have a problem with processing migrants. It's just migrants in this capacity, the systems being overwhelmed, the shelters are being overwhelmed. Travel is being overwhelmed," Nicole Reulet, director of marketing at the Rescue Mission of El Paso said.

El Paso has been one of the hardest hit areas of the border. This week, officials launched a "targeted enforcement operation" after there were over 2,000 migrants camped out on the streets.

It's reflective of a situation border-wide, where sectors have seen enormous amounts of migrants coming to the border ahead of the end of the Title 42 public health order later this week.
BORDER PATROL APPREHENDS OVER 10,000 MIGRANTS A DAY AHEAD OF TITLE 42'S END, HIGHEST EVER RECORDED
The order has been used since March 2020 by both the Trump and Biden administration to expel hundreds of thousands of migrants quickly due to the COVID-19 pandemic. Now, with the order set to end, migrants have began making their way to the border. Fox News reported on Wednesday that there have been more than 10,000 encounters a day across the border.

Administration officials have warned migrants not to make the dangerous journey north, and have also increased funding to NGO partners who assist when migrants are released into the interior.

But NGO officials who Fox spoke to say that they have been facing significantly large numbers for months.

"For us, this started in August of 2022 and then it never did come to a stop, but it became much more manageable up until about two weeks ago," John Martin, deputy director for the Opportunity Center for the Homeless, told Fox News Digital.

He said that things started to change when one day there were 70 migrants in an alley near the center, which they moved into the parking lot but couldn't bring inside the center as they were at capacity.

"The following day that number grew to 150. And within about a week it grew to over 800," he said.

"The fact of the matter is we wanted to maintain our mission, and that is to work with all. But we got to a point where we simply had too many people and it just wasn't conceivable," he said.

Reulet said that she expected her organization to be at capacity by Thursday -- and noted the toll it is taking on staff.
BIDEN ADMIN TALKS 'TOUGHER' ON BORDER AHEAD OF TITLE 42'S END - BUT MIGRANTS AREN'T LISTENING
"Even though there have been some drops in numbers to give us some breathing room, our staff is running on fumes just because of the sheer number of people there are to serve," she said.

Martin said that there was a lot of uncertainty as to what is coming next.
BORDER PATROL CLEARS WAY FOR MORE MIGRANT RELEASES TO CITY STREETS, SOURCES SAY
"I've heard different numbers, but the numbers are all staggering, even though they may vary depending upon: are we looking at 500 a day or are we looking at a thousand or are we looking at 1500? Nobody has the answer to that so I've sort of jokingly started saying that the first volunteer I need is somebody with a crystal ball that can actually tell me what's going to happen."

He said that as much as they have prepared as best they can, it may not be enough depending on what happens next.

"I will tell you, because of the staggering numbers that could be involved, that no matter how prepared we are, we may not be prepared enough. Because we simply don't know what's coming in," he said.

To hear more from El Paso shelter directors, click here.

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El Paso border shelters already 'overwhelmed' before the end of Title 42

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Border shelters in El Paso, Texas are already at capacity and are facing significant challenges ahead of the end of the Title 42 public health order later this week.

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Lawmakers on both sides of the aisle are warning that U.S. border authorities are not prepared for the surge in migration that will surely come if President Biden's administration moves forward with ending Title 42.

The Biden administration plans to lift Title 42 on Wednesday, ending a border policy enacted under former President Donald Trump that allows for the deportation of the vast majority of migrants amid the COVID-19 pandemic. Republicans have warned for months that ending the policy would only worsen the crisis at the border. The U.S. Border Patrol had a record 230,000 encounters with migrants in October alone, breaking the previous record set in September.

"Whether it's COVID or some other issue, when you have people coming across the globe without knowing at all what their health status is, that almost by definition is a public health risk. There's every reason to keep that in place," Republican Texas Gov. Greg Abbott argued to ABC on Sunday, adding that there would be "total chaos" at the border if Title 42 ended.

Many moderate Democrats are also beginning to sound the alarm, including Sen. Joe Manchin, D-W.Va., and Rep. Henry Cuellar, D-Texas, according to the Washington Post.
IMMIGRATION BILL TO ABOLISH PER-COUNTRY GREEN CARD CAPS PULLED AMID BIPARTISAN OPPOSITION TOP CONSERVATIVE GROUP WARNS OF CHINESE SECURITY RISK IN KEY IMMIGRATION BILL, URGES 'NO' VOTE
"We have a crisis of the border. Everyone can see that," Manchin told CBS News on Sunday. "I think everyone realizes that something has to be done. It needs to be extended until we can get really, truly immigration reform. Immigration reform will not happen in our country until we all come on both sides of the aisle."

Title 42 is set to expire on Dec. 20, leaving Biden only a brief window of time to extend the policy. There have been several court challenges seeking to block its expiration, but none have been successful.

The D.C. Circuit Court of Appeals ruled on Friday not to keep the policy in place, and Biden's White House has argued that the true solution is for Congress to implement immigration reform.

Title 42 was a major factor in turning away 2.5 million migrants seeking asylum in the U.S. since March, but the Biden administration argues its end will not make the border insecure.

"To be clear: the lifting of the Title 42 public health order does not mean the border is open. Anyone who suggests otherwise is doing the work of smugglers spreading misinformation to make a quick buck off of vulnerable migrants," assistant press secretary Abdullah Hasan told Fox News Digital.

"We will continue to fully enforce our immigration laws and work to expand legal pathways for migration while discouraging disorderly and unsafe migration," Hasan added. "We have a robust effort underway to manage the border in a safe, orderly and humane way when Title 42 lifts as required by court order. Instead of playing political games, Republican officials should provide the funding the president requested for border security and management, and pass the comprehensive immigration reform measures he proposed so we can finally have a modernized immigration system that works."

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Republicans, Democrats warn end of Title 42 will bring immigration disaster

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Republicans and some Democrats in Congress are calling on President Biden to extend Title 42 to prevent a further immigration crisis at the U.S.-Mexico border.

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With the clock winding down on Title 42, there are many questions circulating about what the end of the policy means for the United States' border security.

The policy was one instated by the Trump administration in the midst of the COVID-19 pandemic and has been in place since. With its expiration upon us, the immigration policy is going to look different for the United States, with migrants already lining up to enter the country.

Here are some commonly asked questions about Title 42 answered.
MAYORKAS ISSUES NEW WARNING TO MIGRANTS AS BORDER PATROL MAKES RECORD APPRENSIONS AHEAD OF TITLE 42 END

1. What was the Title 42 policy?

2. What does Title 42 expiring mean?

3. What is the difference between Title 42 and Title 8?

1. What was the Title 42 policy?

Title 42 dates back to 2020 under the Trump administration. This policy allowed US officials to turn away migrants who came to the U.S.-Mexico border because of health concerns. This was established during the pandemic and was put in place to prevent the spread of COVID-19.

Prior to Title 42, migrants would cross the border, enter the country and were screened. They were then often released into the United States while they waited for their immigration case to be heard. This changed after Title 42, as migrants were sent back over the border. Under Title 42, U.S. officials sent over two million migrants back.

Under Title 42, if individuals were deported, they did not face any penalties, leading many to try entering the country multiple times.

MEXICO TRIPLES NUMBER OF MIGRANTS SEND TO U.S. BORDER AHEAD OF TITLE 42 COLLAPSE
Title 42 continued under the Biden administration with some changes while COVID-19 was still considered to be a national emergency. May 11 marked the day that the pandemic was no longer a national emergency, which in turn, marked the end of Title 42.

What does Title 42 expiring mean?

Title 42 officially ends on Thursday, May 11 at 11:59 p.m. With Title 42 ending, the country has been expecting a large volume of migrants attempting to cross the border. In preparation, 1,500 active-duty troops were sent to the U.S.-Mexican border to assists Border Patrol agents.

What is the difference between Title 42 and Title 8?

Title 8 is the immigration law that has been reinstated due to the expiration of Title 42. At its core, Title 8 outlines polices for migrants who are entering the United States. It outlines guidelines they must meet to do so and penalties they could face for not following the policy. Since Title 42 has ended, the country will be going back to pre-pandemic immigration policies, in other words Title 8 of the U.S. Code.

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The Biden administration has warned of stricter penalties for illegal border crossing under Title 8.

One of the biggest changes under Title 8 compared to Title 42 is what happens to those who cross the border illegally. An individual who illegally enters the country under Title 8 multiple times could face criminal charges.

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What is Title 42? What the end of the border policy means for the US

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Title 42 will come to an end, changing the immigration policy in the US. Title 42 was a pandemic created policy that reached expiration with COVID no longer being a national emergency.

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international relations and national security

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Opinion: It's past time to end Title 42 | CNN

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Rep. Pramila Japayal and Deepak Bhargava write that as the Biden administration prepares for the end of Title 42, ​​we are at a defining crossroad in our country when it comes to immigration. And Democrats cannot hesitate to communicate with voters their vision for how to fix America's broken immigration system with compassionate solutions.