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Policy Backgrounders

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The Southern Border and the End of the Public Health Emergency

May 11, 2023

As the national COVID-19 Public Health Emergency (PHE) expires at midnight on Thursday, May 11, immigration officials are preparing for a sharp increase in the number of migrants at the southern border as policies adopted under Title 42 of the US Code relating to public health are also set to expire with the end of the PHE May 11.

  • The controversial immigration policy in place since March 2020 under Title 42 cited public health concerns in order to bypass asylum processes and allow for the quick expulsion of migrants.
  • DHS released new rules to replace the policy that will limit asylum claims by redefining conditions for eligibility and by disqualifying asylum seekers that do not apply for protection in a country they have passed through on their journey to the US border.
  • This shift mirrors a Trump-era policy that was struck down in federal court and is expected to face fresh legal challenges.
  • The House is set to consider a separate border package introduced by House Republicans that would severely limit asylum and parole availability, while boosting resources to border activities.

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Authors

Dr. Lori Esposito Murray

Dr. Lori Esposito Murray

Senior Fellow for National Security & Managing Director of CEO Programs

Read BioDr. Lori Esposito Murray

Mitchell Barnes

Mitchell Barnes

Economist

Read BioMitchell Barnes

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