US appeals court allows Title 42 immigration rules to expire as President Biden remains quiet on migration fix

close

Video

Biden admin scrambles to tackle immigration crisis as Title 42 deadline nears

Fox News White House correspondent Peter Doocy has the latest as many echo calls for a solution to Title 42 as its termination approaches on 'Special Report.' 

Restrictions on asylum requests that have prevented hundreds of thousands of migrants from entering the U.S. in recent years are set to expire next week, following an appeals court ruling.

The D.C. Circuit Court of Appeals ruled Friday not to keep the Trump-era policy that restricts the number of asylum seekers the U.S. would allow under the COVID-19 pandemic, collectively known as Title 42.

The rules will expire Wednesday unless a further appeal is filed.

Migrants wait to cross the U.S.-Mexico border from Ciudad Juárez, Mexico, next to U.S. Border Patrol vehicles in El Paso, Texas, Wednesday, Dec. 14, 2022.  (AP Photo/Christian Chavez, File)

Former President Donald Trump amended Title 42, which derives its name from Title 42 of a 1944 law covering public health, to combat the spread of the coronavirus when the pandemic was surging across the globe.

BIPARTISAN IMMIGRATION FRAMEWORK INCLUDES 14% BORDER PATROL PAY HIKE, VISA RECAPTURE

Since March 2020, there have been 2.5 million instances of migrants being denied the right to seek asylum under U.S. and international law. The expiration of Title 42 will restore the pre-pandemic asylum-seeking process.

The White House told Fox News Digital Friday evening the expiration of the Trump-era policy does not mean that the border will be unsecure.

"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," said Assistant Press Sec. Abdullah Hasan.

"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."

Nearly 20 Republican-led states are fighting to keep the restrictions in place as they claim the restrictions are helping reduce border crossings and eliminate asylum exploitation.

The Biden administration has already said it expects the already-high daily migrant influx will grow if the asylum restrictions are lifted and these Republican states argue their migrant housing facilities in cities, most notably El Paso, Texas, are overflowing.

A migrant sits by his tent inside the Senda de Vida 2 shelter in Reynosa, Mexico, Thursday, Dec. 15, 2022.  (AP Photo/Giovanna Dell'Orto)

Tijuana, the largest Mexican border city, has an estimated 5,000 people in more than 30 shelters, Enrique Lucero, the city’s director of migrant affairs said this week.

Many of these migrants are seeking access to the U.S. and would be able to freely enter the U.S. to claim asylum once the rules are lifted.

On the other side of the issue, migrant advocates argue the U.S. was abandoning its longstanding history to offer refuge to people around the world. Typically, these asylum seekers are fleeing persecution in their home countries.

TOP CONSERVATIVE GROUP WARNS OF CHINESE SECURITY RISK IN KEY IMMIGRATION BILL, URGES ‘NO’ VOTE 

The advocates sued to end the use of Title 42 on humanitarian grounds and also argue vaccines and the general decline in the global pandemic make the Trump argument outdated.

Video

A judge last month sided with the asylum and migrant advocates and set Dec. 21 as the deadline for the federal government to end the Trump-era policy.

The three-judge panel ruled Friday night they would allow the restrictions to expire, as they said the states waited too long to make their appeal.

Louisiana's Attorney General Jeffrey Landry expressed disappointment with the decision and said the Republican coalition would file an appeal to the Supreme Court.

Title 42 applies to all nationalities including Guatemalans, Hondurans, El Salvadorans, Venezuelans, and Mexicans.

IMMIGRATION BILL TO ABOLISH PER-COUNTRY GREEN CARD CAPS PULLED AMID BIPARTISAN OPPOSITION

Migrants walk by their tents in the Senda de Vida 2 shelter in Reynosa, Mexico, Thursday, Dec. 15, 2022.  (AP Photo/Giovanna Dell'Orto)

According to a Justice Department court filing released Friday, Border Patrol agents stopped single adults 143,903 times along the Mexican border in November, down 9% from 158,639 times in October.

Mexican single adults were stopped 43,504 times, down from 56,088 times in October.

Nicaraguan adults were stopped 27,369 times, up from 16,497.

Cuban adults were stopped 24,690 times by Border Patrol agents in November, up from 20,744.

CLICK HERE TO GET THE FOX NEWS APP

Venezuelan single adults were stopped 3,513 times, plunging from 14,697.

The Biden administration has yet to say how it intends to deal with the expected flux of migrants.

Fox News' Sarah Tobianski and The Associated Press contributed to this report.