The End of Title 42 Brings a New Wave of Migrants Crossing the US-Mexican Border

A U.S. Border Patrol agent keeps watch as migrants enter a vehicle to be transported from a makeshift camp between border walls between the U.S. and Mexico in San Diego on May 13, 2023. (Mario Tama/Getty Images)

The U.S.-Mexican border is wide open after the end of Title 42, with a new wave of immigrants crossing into the southwestern states.

About 1,000 immigrants have been crossing the border daily, with over 30,000 a month, according to U.S. Customs and Border Protection (CBP) data. 

The Biden administration lifted Title 42 on May 11, which allowed border patrol agents to deny immigrants permission to enter the country during the pandemic.  

A U.S. Border Patrol agent patrols near the border wall in Sunland Park, New Mexico, as pictured from the Mexican side of the border in Ciudad Juarez, on February 12, 2021. (Jose Luis Gonzalez/Reuters)

Bensman, who worked as a journalist for 23 years and covered border and illegal immigration issues, has traveled to the border and seen firsthand the number of immigrants crossing from Mexico down to Central America.

“They tell me that they’re coming because the doors open. That’s it. It’s that simple,” he said.  

Immigration officials have become overwhelmed with the increasing rate of migrants crossing the border and rely on the Mexican government to help control the traveling migrants. 

“The reason this is happening is that, on the American side, they would process immigrants and get them those papers of personal recognizance and release them into the interior of the bus stations. So, immigrants are rushing to get in while they can. And that’s what we’re seeing now,” he said. 

Bensman believes it’s time to return to Trump’s border policy now that Title 42 is over to stop the high influx of migrants crossing the border. 

“During Trump’s policy, only about 30,000 applications per day were processed,” he said. “Now that number has tripled since Trump left office.” 

In January 2019, the Trump administration implemented the Migrant Protection Protocols Policy, or MPP, that kept asylum seekers waiting in Mexico for their U.S. immigration hearings. As a result, 70,000 people were returned to Mexico under the policy.

In June 2022, Trump’s policy was terminated by the U.S. Supreme Court, which ruled the Biden administration didn’t violate proper administrative procedure in rescinding Remain in Mexico.

Bensman believes migrants wouldn’t risk the journey to cross into the United States. if there wasn’t a high probability of getting in.

CBP One app migrants can use to schedule asylum appointments was launched by immigration authorities to push immigrants legally cross into the United States. While people who illegally cross will be deported, barred from reentering the United States for at least five years and be “presumed ineligible for asylum,” according to Customs and Border Protection (CBP).

Thousands of migrants crossing the border are swamping the Border Patrol, which has difficulty processing migrants into the system. 

“When they arrive and cross the border, they throw their IDs down,” Bensman explains. “Border Patrol is not out there anymore. And they can’t keep up with it.”

The Biden administration is allowing anyone to apply to seek asylum. Still, it is turning away individuals who didn’t first seek protection in a country they traveled from or first used online.

“There are several ways to immigrate to America legally under our existing laws. For example, an American citizen—an American citizen can sponsor an immediate family member from another country. An American company can sponsor an employee from another country. There are visas for students to study in our colleges and other special categories,” Biden said in a statement.

“There are laws to get here legally. That includes another legal way for someone to come to America: seeking asylum because they’re fleeing persecution as many of our ancestors did,” Biden added.

Texas Gov. Gregg Abbott deployed a  Texas Tactical Border Force team to the Texas-Mexico border to respond to the growing border crisis since the end of Title 42. 

“With the ending of Title 42 on Thursday, President Biden is laying down the welcome mat to people across the entire world, but Texas is deploying our new Texas Tactical Border Force,” said Abbott said in a statement. “The Texas National Guard is loading Blackhawk helicopters and C-130s and deploying specially trained soldiers for the Texas Tactical Border Force, who will be deployed to hotspots all along the border to help intercept and repel large groups of migrants trying to enter Texas illegally.” 

Bensman says there is a national security threat but acknowledges that migrants will continue crossing if the border walls are open.  

“Immigrants are smart, savvy people when it comes to making economic decisions for themselves and their families,” Bensman said.