Senate

With border crisis looming, senators unveil temporary patch to cover expiring Title 42 authority

by Alexander Bolton - 05/04/23 7:51 PM ET

Sens. Kyrsten Sinema (I-Ariz.) and Thom Tillis (R-N.C.) have introduced a bipartisan bill to extend President Biden’s authority to expel asylum-seeking migrants without holding a hearing, a power that is set to expire May 11, when the COVID-19 public health emergency declaration officially ends.

The Biden administration — following in the footsteps of the Trump administration — has used a section of health law known as Title 42 to expel hundreds of thousands of asylum seekers entering the country back to Mexico.

The administration and lawmakers are anticipating a surge in migrants across the U.S.-Mexico border next week, when the health order expires.

The president plans to send 1,500 active-duty troops to the border in an effort to ease the strain placed on the immigration system.

Sinema and Tillis have crafted a bill that would give Biden similar authority to expel migrants, and the expulsion power would not be tied to public health.

More Title 42 coverage from The Hill:

The legislation is also cosponsored by Sens. Joe Manchin (D-W.Va.) and John Cornyn (R-Texas).

“Our legislation gives the administration time to actually implement a realistic, workable plan that will secure our border, protect Arizona communities on the frontlines of this crisis, and ensure migrants are treated fairly and humanely,” Sinema said in a statement.

Tillis faulted Biden for not doing more to address what he described as a looming catastrophe.

“The Biden administration has failed to secure the border and the situation will get even worse once Title 42 is allowed to expire,” he said. “Congress must immediately step in.”

Manchin said the bill would create a “two-year temporary solution to prevent a complete collapse at our southern border.”

He called on the president and leaders in Congress to establish a reliable visa program to create a path for migrants who follow the law and are “willing to work hard” to have a shot at the “American Dream.”

“It is truly a shame we continue to govern from crisis to crisis. Despite ample notice about the pending expiration of Title 42, the Administration has failed to properly secure our southern border,” Manchin said. “The immigration crisis is only getting worse and our broken immigration system is ill-equipped to handle it.”

Manchin and Sinema both face competitive reelection races in 2024. Neither has announced whether they will run for new terms.