Democratic senators question Biden administration over end of Title 42, potential surge of migrants at border
A group of Democratic senators wrote a letter to the head of the Department of Homeland Security expressing “deep concerns” about the end of Title 42, a Trump-era policy that allowed for the swift deportation of migrants found at the border.
The policy, originally implemented in March 2020, was struck down earlier this month by U.S. District Court Judge Emmet Sullivan, who ruled that it violates the Administrative Procedure Act.

FILE: Migrants trying to enter the U.S. from Mexico are detained by U.S. Customs and Border Protection at the border on Aug. 20, 2022, in San Luis, Arizona.
(Nick Ut/Getty Images)
It will officially expire on December 21 amid record levels of immigration, with more than 2.3 million migrant encounters at the border in fiscal year 2022.
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“The record annual meetings have resulted in unsustainable situations,” Sens. Kyrsten Sinema, D-Ariz., Mark Kelly, D-Ariz., Jon Tester, D-Mont., wrote in a letter. and Maggie Hassan, DN.H. to DHS Secretary Alejandro Mayorkas, which was made public Monday.
“In Arizona, shelters have been pushed far beyond capacity. This month, El Paso has seen more than 700 migrants released directly onto city streets due to overcrowding. This is unsafe and creates a dangerous for migrants and communities.”

A US Border Patrol agent talks to Central American immigrants at the border fence.
(John Moore/Getty Images)
Mayorkas testified before the Senate earlier this month, saying the Biden administration has a plan after Title 42 expires.
“We are improving the consequences of illegal entry, especially for people who seek to evade law enforcement, including deportation, detention and criminal prosecution where warranted,” Mayorkas said.

Venezuelan immigrants returning to Mexico on the Rio Grande after crossing illegally into the United States on October 31, 2022.
(REUTERS/Jose Luis Gonzalez)
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Meanwhile, Republicans have vowed to investigate DHS once they retake the House in January, calling for Mayorkas to resign or be impeached.
“He cannot and must not remain in this position,” McCarthy said.
“If Secretary Mayorkas does not resign, House Republicans will investigate every order, every action and every failure to determine whether we can open an impeachment inquiry.”
Adam Shaw of Fox News contributed to this report.