Defense & National Security — Biden administration ends Title 42

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The Biden administration rescinded Title 42, the Trump-era policy that allowed for rapid expulsions at the border.  

We’ll break down the decision and examine the change of command at U.S. Central Command.  

For The Hill, I’m Jordan Williams. Write me with tips at jwilliams@digital-stage.thehill.com.

Let’s get to it.

Biden rescinds controversial Title 42

The Biden administration on Friday rescinded Title 42, the Trump-era policy that allows for the rapid expulsion of migrants at the border and blocks them from seeking asylum.   

The move comes after years of pressure from within President Biden’s own party and frustration from immigration advocates who had pressed to end a policy they viewed as illegal and cruel to those fleeing persecution and danger. 

The order from the Centers for Disease Control and Prevention (CDC) lifts Title 42 on May 23.  

About Title 42: While crafted by the Trump administration just days into the pandemic, Title 42 has been used roughly 1.7 million times by the Biden administration, a figure that includes repeat crossers.  

Though Biden administration officials have consistently contended it was an important public health order needed to limit the spread of COVID-19 in border facilities, Title 42’s pandemic implementation has been shown to have political origins. 

Trump White House adviser Stephen Miller led the charge to inject coronavirus protections into border management policy. 

The court battle: The planned withdrawal comes after a conflicting set of court decisions on the policy, one directing the administration to expand the policy by applying it to children traveling alone, while a separate court decision imposed new limits, prohibiting sending families subjected to Title 42 to places where they may face torture or persecution. 

The second order criticized the Biden administration for sticking to its public health argument for Title 42 even as the world has made strides in learning to live with the pandemic. 

In response, the CDC days later rescinded the policy for children and noted it would continue a broader review of the order through March 30. 

Preparing for an influx: The Department of Homeland Security (DHS) has signaled its preparing for an influx of migrants at the border, something they said could result from typical spring migration patterns or the lifting of Title 42. 

Figures could jump as high as 18,000 crossings a day, up from around 7,000 currently, with the administration scaling up housing, transportation, medical care and processing capacity to accommodate the increase. 

“Once the Title 42 Order is no longer in place, DHS will process individuals encountered at the border pursuant to Title 8, which is the standard procedure we use to place individuals in removal proceedings,” Homeland Security Secretary Alejandro Mayorkas said in a statement. 

“Nonetheless, we know that smugglers will spread misinformation to take advantage of vulnerable migrants. Let me be clear: those unable to establish a legal basis to remain in the United States will be removed.” 

SOME DEMOCRATS PUSHED BACK

Several Democrats pushed back on Biden’s decision.  

Sen. Joe Manchin (D-W.Va.) slammed the decision as a “frightening decision” that would likely increase the volume of migrants at the southern border.   

“Title 42 has been an essential tool in combatting the spread of COVID-19 and controlling the influx of migrants at our southern border. We are already facing an unprecedented increase in migrants this year, and that will only get worse if the Administration ends the Title 42 policy,” Manchin warned. 

Fellow centrist Sen. Kyrsten Sinema (D-Ariz.) joined Manchin in pushing back against the administration, warning it would “risk the health and safety” of her constituents.  She was supported by Sen. Mark Kelly (D-Ariz.), a top GOP target in November’s midterm elections.    

Sen. Maggie Hassan (D-N.H.), who is facing a competitive reelection race this fall, also criticized the administration’s decision.   

“Ending Title 42 prematurely will likely lead to a migrant surge that the administration does not appear to be ready for,” she tweeted on Friday. “I’ll keep pushing the administration to strengthen border security & look forward to hearing directly from border agents during my upcoming trip to the border.”   

McKenzie hands over command of Centcom 

The top general in charge of U.S. military operations in the Middle East and Central Asia on Friday relinquished his command in a ceremony in Florida.   

Marine Gen. Frank McKenzie, who led U.S. Central Command (Centcom) since March 2019, handed over his position to Army Gen. Michael “Erik” Kurilla during a change of command ceremony in Tampa, Fla.   

Lookback on McKenzie’s tenure: While head of Centcom, McKenzie oversaw major U.S. military moments, including the chaotic withdrawal of American troops from Afghanistan — a move he and other defense leaders recommended against — as well as aggression from Iran, the transition of coalition forces in Iraq to an advisory role and the multination battle against the Islamic State in Iraq and Syria.   

He also carried out then-President Trump’s order to kill the head of Iran’s elite Quds Force, Qasem Soleimani, in January 2020, a move that drew a missile attack on Iraq’s al-Asad air base that housed U.S. troops.   

What Kurilla walks into: The commander of the 18th Airborne Corps at Fort Bragg, N.C., since October 2019, Kurilla comes to Centcom at a time of tenuous security conditions around the globe, including Russia’s military invasion of Ukraine and bid to recruit fighters in Syria and elsewhere in the region.  

He also takes command as the U.S. government is struggling with a reduced presence in the Middle East following its withdrawal from Afghanistan, a situation that could lead to the quick reconstitution of al Qaeda and ISIS-K in the country, he warned during his confirmation hearing in February.   

Read the full story here.

US SANCTIONS NORTH KOREAN ENTITIES OVER MISSILE TESTS 

The U.S. imposed sanctions on five North Korean entities Friday after Pyongyang fired off a series of ballistic missile tests this year, including an intercontinental ballistic missile (ICBM). 

The Department of the Treasury says the sanctions will restrict North Korea’s ability to procure financial and material support. 

Who was sanctioned? The Treasury Department’s Office of Foreign Asset Control (OFAC) said the sanctions target the Ministry of Rocket Industry (MoRI), a research and development organization linked to the development of ICBMs, along with four of the organization’s revenue-generating subsidiaries. 

The four subsidiaries are Hapjanggang Trading Corporation, Korea Rounsan Trading Corporation, Sungnisan Trading Corporation and Unchon Trading Corporation. 

The missile tests: North Korea has fired off a slew of missiles this year, including a record number of tests in January alone. 

At the end of March, leader Kim Jong Un fired off the country’s longest-range ICBM yet, which is potentially capable of reaching the U.S. mainland. 

President Biden met with Japanese Prime Minister Fumio Kishida while he was in in Brussels at the end of March to discuss the launch. 

Read the full story here. 

US SCRAPS MISSILE TEST TO AVOID RUSSIAN ‘MISINTERPRETATION’: REPORT

The Pentagon has officially scrapped a test launch of a missile capable of delivering a nuclear warhead to avoid Russian “misinterpretation,” NBC News reported Friday.

The test launch of the Minuteman III intercontinental ballistic missile was canceled over concerns Russian President Vladimir Putin would view the move as escalatory, Defense Department officials told NBC. 

“The Department of the Air Force recently cancelled the routinely planned test flight of an LGM-30G Minuteman III missile,” Pentagon deputy press secretary Todd Breasseale said in a statement. “The launch had been previously delayed due to an overabundance of caution to avoid misinterpretation or miscommunication during the ongoing Russian invasion of Ukraine.” 

The Defense Department had previously postponed the Minuteman III test. In early March, Defense Secretary Lloyd Austin ordered the delay of a launch “in an effort to demonstrate that we have no intention in engaging in any actions that can be misunderstood or misconstrued,” press secretary John Kirby told reporters at the time.

The order came after Putin alarmed Western powers when he directed Kremlin nuclear forces be placed on high alert amid international condemnation and crippling financial penalties against Russia for its attack of Ukraine.  

Read more here.

ON TAP NEXT WEEK

• The Atlantic Council will host Looking North: Conference on Security in the Arctic at 9 a.m. 
• The Atlantic Council will host a discussion on “Orienting European Security: The EU Strategic Compass and EU-U.S. Defense Cooperation at 10:30 a.m. 
• The Heritage Foundation will host a discussion on “Confronting Today’s Reality of Totalitarian States, Deterrents, and Dependency at 11 a.m. “  
• The American Bar Association will host an event entitled“Update on Afghanistan: Discussion of Legal Developments, Operational Challenges, and Compliance Best Practices at 12 p.m. 

WHAT WE’RE READING

• Afghan American Naval reservist released by Taliban 
• Navy to name ship after Ginsburg 
• Oath Keepers leader Stuart Rhodes added to Jan. 6 lawsuit 
• The Hill: Biden’s 2023 defense budget is disappointing—and disturbing 
• The Hill Opinion: Like it or not, ending war in Ukraine requires a compromise with Russia 

That’s it for today! Check out The Hill’s defense and national security pages for the latest coverage. See you Monday!