Two-thirds of the federal government is failing at the border | Opinion
Men wait at a shelter for migrants Thursday, April 21, 2022, in Tijuana, Mexico. A critical Trump-era policy that forces asylum-seekers to wait in Mexico for hearings in U.S. immigration court will be argued Tuesday before the U.S. Supreme Court. Like an immigration policy eclipse, Texans would have gotten a chance to see overlapping government incompetence if Title 42 had ended next month, a prospect now in doubt after a federal judge temporarily blocked that plan Monday.
Title 42 is the public health policy that allows border agents to expel migrants in an effort to prevent the spread of COVID-19. It’s senseless to justify the expulsion of asylum seekers under that order given that the pandemic is waning and government is rightly peeling back restrictions in every other area of life. Still, there is broad expectation that we’ll see another migrant surge when the rule is eventually lifted, as it must be.
The federal executive branch was already setting itself up for more trouble. The Biden administration finalized a reasonable reform last month to allow U.S. Citizenship and Immigration asylum officers to adjudicate asylum claims. Currently, those claims are evaluated by immigration judges from the Department of Justice, where there is a backlog of 1.6 million cases, according to. It can take years to have a case heard. Under the new system, cases could be adjudicated in six months or less.
The Biden rule is a good way to increase adjudication capacity, and it could give migrants a chance to have their cases heard quicker, something everyone can support. We disagree with the judge’s ruling. But a little extra time might well help here. That new process goes into effect on May 31. Title 42 was set to end May 23. Apparently, the bureaucracy is such that no one thought to sync up those dates. Why prepare, after all, for a surge we know is coming?
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