Immigration Challenges in the Summer of 2023 Immigration Challenges in the Summer of 2023

Immigration Matters

by Rishi P. Oza

The pace of change that has been occurring on both the state and federal level in the field of immigration is dizzying. The recent sunset of COVID-era Title 42 rules led to a media frenzy of the expected waves of migrants crashing upon the southern border, which in turn have led to several state-level rules that have made immigration the hot button political issue of the summer. The passion that surrounds the immigration debate has resulted in federal and state-level action, the wisdom of which are debatable.

For starters, Title 42 was a policy that made the expulsion of migrants from the United States easier by citing to the public health risk associated with the pandemic. Because the federal government ended the pandemic designation associated with COVID-19, by rule, the regulations associated with Title 42, including the ability to prohibit individuals from entering the United States, also lapsed. As a result of the expected migrant surge, the Biden Administration proactively sent 1500 active-duty troops to the US-Mexico border in hopes of freeing up the ability of Customs and Border Patrol officers to handle the processing of these individuals.

President Biden also put in place various policies to try to stem the flow of illegal border crossers, including the requirement to schedule an appointment through the CBPOne app and a requirement that any individuals seeking asylum must first show they applied and were rejected from third-party countries. These steps were coupled with increased options for humanitarian parole for individuals from Haiti, Venezuela, Nicaragua and Cuba. Biden also has sought to beef up staffing levels by adding asylum officers and immigration judges. Ultimately, the challenges at the southern border are a numbers game with the government often unable to match the sheer breadth of migrants desperate for a better life. For example, on Monday, May 8, 2023 and again on Tuesday, May 9, nearly 10,000 individuals were apprehended by Border Patrol officers at the US-Mexico border – a sustained enforcement approach to such sheer

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