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Writer's pictureJenn Budd

Title 42 is bad for asylum seekers, for Border Patrol agents and it is bad for our national security

Updated: Apr 20, 2023

Day after day, the mantra is the same: if Biden lifts the pandemic emergency health policy known as Title 42, thousands of migrants will come to our southern border to request asylum. I've got news for all those saying this-thousands of migrants came to our border before Title 42, during Title 42 and they will continue to come here after Title 42 is gone.


That is to say that Title 42 has done nothing to stop migrants from coming to request asylum. If anything, it has actually caused thousands to cross illegally and without being inspected.


The claim that Republicans and even a few Democrats have made that Title 42 has somehow stemmed illegal immigration is simply not true. If the policy actually prevented migrants from illegally crossing, why are Border Patrol apprehensions so high? Border Patrol statistics have proven this month after month:



Border Patrol Apprehensions - source CBP

People needing to claim asylum are required to submit themselves for inspection by Customs and Border Protection officers (CBP) at the various ports of entry. Under Title 42, the ports have closed this avenue. By definition, those seeking asylum are in fear for their lives. By closing the ports and access to those CBP officers, Title 42 has literally forced thousands to cross the border in between the ports of entry. This in turn prevents immigration authorities from inspecting asylum seekers.


The Border Patrol Union and its leaders continue to say that they are overwhelmed. Agents I speak with describe unlimited overtime and constant processing. Although processing asylum seekers is part of their job, they used to share this task with CBP. Thanks to Title 42, half of our asylum processing system that screens every person requesting asylum is closed leaving the Border Patrol on their own.


You might think that the Border Patrol Union and the agency's leaders would point this out. Why should Border Patrol have to do their normal duties in between the ports and also CBP's job of processing the thousands who would normally present themselves at the ports? It's because the Border Patrol is playing politics with its agents. Even though ending Title 42 and forcing CBP to process asylum seekers at the ports as intended would drastically decrease the numbers crossing illegally and thereby decrease the numbers in Border Patrol processing centers, the agency cannot admit this because their actual goal is simply to make the current administration look bad on immigration. One look at the union's social media accounts demonstrates this.


And they are succeeding.


Whatever your take is on immigration and asylum, what Title 42 has demonstrated is that a closed border is dangerous to national security. Forcing people seeking asylum to cross in between the ports is not only dangerous for them, it puts more money in the hands of smugglers, it ties up the Border Patrol with processing that should be done by CBP and it further prevents those individuals from being inspected.


Title 42 is bad for asylum seekers, for Border Patrol agents and it is bad for our national security.




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