Ending Title 42 is the responsible thing to do, here’s what the administration should do next

With the deadline to end Title 42 fast approaching on May 11, the Biden administration is considering various approaches to manage the potential increase in migrant crossings at the southern border. The recent deadly fire at a migrant detention facility in Ciudad Juarez (across the border from El Paso, Texas), in which almost 40 Central and South American migrants lost their lives, highlights the need for a well thought out and humane strategy to fill the policy vacuum left by Title 42.

As part of the Biden administration’s efforts to address the potential impacts, the administration should incorporate a public health approach towards making our immigration system work better for migrants and U.S. citizens alike. That means putting the health of migrants at the center of the immigration debate and working our way outwards across our government, addressing socio-economic factors, institutional systems, and policies that affect immigrants’ health.

As it stands, too much immigration rhetoric and policy is in response to a dystopian distorted imagery the U.S. has about the situation on the border between Mexico and the U.S. A poll just last fall suggested that over half of Americans say it’s either somewhat or completely true that the United States is “experiencing an invasion” at the southern border. Focusing on the number of “encounters” (meaning apprehensions and expulsions) at the U.S.-Mexico border alone misses the reality of the increasingly global nature of migration flows through our southern border, beyond Mexico and northern Central America. In fact, last year we saw increasing numbers of migrants from elsewhere in the Americas (Venezuela, Cuba, Nicaragua) and around the globe (Ukraine, India, Turkey).

It’s also important to keep in mind that almost half of the unauthorized population in the U.S. entered the country legally and later overstayed their visa. While immigration authorities reported almost 2.4 million apprehensions and expulsions in 2022, this number pales in comparison to the over 160 million people who crossed our southern border (via buses, trains, or personal vehicles) into the U.S. without a problem that same year. The interconnected reality of transnational migration from Latin America and other countries around the world into the United States requires broader efforts that address conditions across the entire hemisphere.

In light of this reality, the U.S. must uphold our historical commitment to keeping immigrant families together and supporting them as a unit throughout our immigration processes. The Biden administration must resist the temptation to use migrant detention, transit bans or expedite removals as the primary policy tools, and rather build on their early successes offering legal options for migrants, such as new parole processes and expanded ways to schedule appointments at ports of entry. Both the Los Angeles declaration and the Menendez plan can guide their efforts.

A public health approach also entails supporting immigration authorities to increase their capacity to tackle increased workloads, working collaboratively with their counterparts in immigrant-sending countries, and supporting community-based organizations on both sides of the border.

For one, given the increased pressure on our immigration system, more capacity is needed to ensure that families and unaccompanied children aren’t held in facilities that do not meet even the most basic standards of care. Meanwhile, by working collaboratively with other countries to address the root causes of migration (such as poverty, violence, and natural disasters), and investing in countries and communities to address basic needs (like housing and health care), not only can the administration improve lives across the hemisphere, but also slow the pace of migration. And beefing up investments in community-based organizations, which are more likely trusted by migrants, will serve as a complementary pillar to sustaining care services for migrants as they make their journey through border communities.

Finally, we must shift the burdens of our failed immigration system off the backs of immigrants and impoverished border communities and into federal and state authorities. The status quo is forcing migrants in need of protection or improved economic prospects, who can greatly contribute to U.S. communities, to set on a dangerous journey, littered by organized crime and corrupt officials. Instead, our approach must be guided by the nations’ unequivocal commitment to upholding the right to apply for asylum and recommitting to expanding legal pathways for migrants and asylum seekers.

The Biden administration is right to seek the end of Title 42 and related measures enacted by the previous administration. But in doing so, we must recommit to a more humane and expansive system of legal options for migrants at all U.S. ports of entry, including the southern border. Such an approach would have enormous benefits to all Americans, both immigrants and U.S.-citizens, and increase trust in federal and state leaders. With the same steadfast commitment to global COVID vaccinations, the Biden administration must align its immigration decisions to our nation’s commitment to protecting the health of all, and that includes migrants and their families.

Daniel López-Cevallos is an associate professor in the Department of Health Promotion and Policy at the University of Massachusetts Amherst School of Public Health and Health Sciences.