Editor's Note: This article will no longer be updated with the latest information regarding Title 42. For the most recent updates and developments, click here.
Migrants rushed across the Mexico border Thursday, racing to enter the U.S. as pandemic-related asylum restrictions are lifted in a shift that threatens to put a historic strain on the nation’s beleaguered immigration system.
The Biden administration was dealt a potentially serious legal setback late Thursday when a federal judge temporarily blocked its attempt to more quickly release migrants when Border Patrol holding stations are full.
The imminent end of the rules known as Title 42 stirred fear among migrants that the changes would make it more difficult for them to stay in the U.S.
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With a late-night deadline looming, misinformation and confusion buffeted migrants as they paced the border at the Rio Grande, often unsure of where to go or what to do next.
At Matamoros, across from Brownsville, Texas, throngs of migrants — some clutching small children — waded across spring river currents, pushed through thickets to confront a border fortified with razor wire. Other migrants settled into shelters in northern Mexico, determined to secure an asylum appointment that can take months to schedule online.
Many migrants were acutely aware of looming policy changes designed to stop illegal crossings and encourage asylum seekers to apply online and consider alternative destinations, including Canada or Spain.
“I don’t know what’s going to happen tomorrow,” said Jhoan Daniel Barrios, a former military police officer from Venezuela as he paced with two friends along the the border in Ciudad Juárez, across from El Paso, Texas, looking for a chance to seek refuge in the U.S.
“We don’t have any money left, we don’t have food, we don’t have a place to stay, the cartel is pursuing us,” said Barrios, whose wife was in U.S. custody. “What are we going to do, wait until they kill us?”
Last week, Barrios and his friends entered the U.S. and were expelled. They had little hope of a different result Thursday.
On the U.S. side of the river, many surrendered immediately to authorities and hoped to be released while pursuing their cases in backlogged immigration courts, which takes years.
It was not clear how many migrants were on the move or how long the surge might last. By Thursday evening, the flow seemed to be slowing in some locations, but it was not clear why, or whether crossings would increase again after the coronavirus-related restrictions expire.
A U.S. official reported the Border Patrol stopped some 10,000 migrants on Tuesday — nearly twice the level from March and only slightly below the 11,000 figure that authorities have said is the upper limit of what they expect after Title 42 ends.
More than 27,000 people were in U.S. Customs and Border Protection custody, the official said.
“Our buses are full. Our planes are full,” said Pedro Cardenas, a city commissioner in Brownsville, Texas, just north of Matamoros, as recent arrivals headed to locations across the U.S.
President Joe Biden's administration has been unveiling strict new measures to replace Title 42, which since March 2020 has allowed border officials to quickly return asylum seekers back over the border on grounds of preventing the spread of COVID-19.
The new policies crack down on illegal crossings while also setting up legal pathways for migrants who apply online, seek a sponsor and undergo background checks. If successful, the reforms could fundamentally alter how migrants arrive at the U.S.-Mexico border.
But it will take time to see results. Biden has conceded the border will be chaotic for a while. Immigrant advocacy groups have threatened legal action. And migrants fleeing poverty, gangs and persecution in their homelands are still desperate to reach U.S. soil at any cost.
Many migrants were acutely aware of looming policy changes as they searched Thursday for an opportunity to turn themselves over to U.S. immigration authorities before the 11:59 EDT deadline.
While Title 42 prevented many from seeking asylum, it carried no legal consequences, encouraging repeat attempts. After Thursday, migrants face being barred from entering the U.S. for five years and possible criminal prosecution.
Holding facilities along the border were far beyond capacity, and Border Patrol agents were told to begin releasing some migrants with instructions to appear at a U.S. immigration office within 60 days, according to a U.S. official who was not authorized to speak publicly about the matter and provided information to The Associated Press on condition of anonymity.
Agents were also told to start releases in any area where holding facilities were at 125% capacity or the average time in custody exceeded 60 hours. In addition, releases could begin if 7,000 migrants were taken into custody across the entire border in one day.
Late Thursday, a federal judge approved a request from the state of Florida to temporarily block the releases, which the state argued was materially identical to another administration policy earlier voided in federal court. That policy ordered the Biden administration to end the expedited releases of migrants who enter the United States illegally from Mexico.
The administration had argued in the new case that blocking releases would restrict the government’s ability to manage the border at a time when a dramatic increase is expected in arrivals that could overwhelm border facilities.
Homeland Security Secretary Alejandro Mayorkas had already warned of more crowded Border Patrol facilities to come.
“I cannot overstate the strain on our personnel and our facilities," he told reporters Thursday.
He said the vast majority of migrants would be placed in "expedited removal" proceedings and would be expelled quickly if they don't qualify to stay in the U.S. “We have confidence in the lawfulness of our actions,” he said.
Even as migrants were racing to reach U.S. soil before the rules expire, Mexican President Andrés Manuel López Obrador said smugglers were sending a different message. He noted an uptick in smugglers at his country's southern border offering to take migrants to the United States and telling them the border was open starting Thursday.
On Wednesday, Homeland Security announced a rule to make it extremely difficult for anyone who travels through another country, like Mexico, or who did not apply online, to qualify for asylum. It also introduced curfews with GPS tracking for families released in the U.S. before initial asylum screenings.
The administration says it is beefing up the removal of migrants found unqualified to stay in the U.S. on flights like those that brought nearly 400 migrants home to Guatemala from the U.S. on Thursday.
Among them was Sheidi Mazariegos, 26, who arrived with her 4-year-old son just eight days after being detained near Brownsville.
“I heard on the news that there was an opportunity to enter, I heard it on the radio, but it was all a lie,” she said. Smugglers got her to Matamoros and put the two on a raft. They were quickly apprehended by Border Patrol agents.
Mazariegos said she made the trek because she is poor and hoped to reunite with her sisters living in the U.S.
At the same time, the administration has introduced expansive new legal pathways into the U.S.
Up to 30,000 people a month from Haiti, Cuba, Nicaragua and Venezuela can enter if they apply online with a financial sponsor and enter through an airport. Processing centers are opening in Guatemala, Colombia and elsewhere. Up to 1,000 can enter daily though land crossings with Mexico if they snag an appointment on an online app.
At shelters in northern Mexico, many migrants chose not to rush to the border and waited for existing asylum appointments or hopes of reserving one online.
At the Ágape Misión Mundial shelter in Tijuana, hundreds of migrants bided their time. Daisy Bucia, 37, and her 15-year-old daughter arrived at the shelter over three months ago from Mexico’s Michoacán state – fleeing death threats — and have an asylum appointment Saturday in California.
Bucia read on social media that pandemic-era restrictions were ending at the U.S.-Mexico border, but preferred to cross with certainty later.
“What people want more than anything is to confuse you,” Bucia said.
