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12:36 PM

Border security Published May 2, 2023 12:06pm EDT

Biden administration approves

sending 1,500 US troops to border as
Title 42 deadline looms: sources
When Title 42 ends May 11, tens of thousands of migrants expected to illegally cross the southern border into US

By Jennifer Griffin Liz Friden , Chris Pandolfo Fox News

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Biden admin considers sending US troops to southern border as end of Title 42 looms
Correspondent Griff Jenkins reports the latest from Brownsville, Texas.

The Biden administration has approved sending 1,500 active duty U.S. troops to the
southern border in the coming days amid concerns that tens of thousands of migrants will
surge into the country once Title 42 is lifted, sources tell Fox News.

The U.S. soldiers would come from a variety of active duty Army units and would serve for
90 days in mostly administrative and transport roles to free up law enforcement and
Border Patrol, according to two senior U.S. officials familiar with the deliberations.

The 90-day deployment is not inconsistent with support to the border going back to the
George W. Bush administration, a White House official said.

Officials said the troop deployment would be similar to deployments to the border ordered
by former President Donald Trump. The troops would be armed for self-defense but would
not assist with law enforcement.

Customs and Border Protection (CBP) has previously warned migrants that illegal entry
into the U.S. "will result in removal." The Biden administration is encouraging migrants to
use the CBP One app to schedule appointments at points of entry where their asylum
claims can be processed.

WITH TITLE 42'S END A MONTH AWAY, BIDEN ADMIN MAKING MOVES TO DEAL WITH
SURGE

View of cargo containers placed by the U.S. authorities as a retaining wall on the banks of the Rio Grande in Ciudad Juarez,
Chihuahua state, Mexico, on Dec. 28, 2022. (Erika Martinez/AFP via Getty Images)

The reality of the government's response to the migrant crisis doesn't reflect the Biden
administration's official position. While many are returned currently due to the Title 42
order – which allows for the rapid removal of migrants at the border due to the ongoing
COVID-19 pandemic – not all who enter illegally have been returned via the order.

CBP statistics show that only about 46% of migrant encounters at the border resulted in a
Title 42 expulsion. Meanwhile, Homeland Security Secretary Alejandro Mayorkas testified
to Senate lawmakers last month that of the nearly 1.3 million migrants in FY 2022 who
were processed via Title 8, only about 360,000 were deported.

Those who aren't deported are placed into immigration removal proceedings and released
into the U.S. pending their hearings – which can take years. Immigration and Customs
Enforcement (ICE) data shows deportations have plummeted under President Biden.

OVER 99% OF MIGRANTS WHO HAVE SOUGHT TITLE 42 EXCEPTION VIA CBP ONE APP
WERE APPROVED

Migrants walk into U.S. custody after crossing the border from Mexico, March 29, 2023, a day after dozens of migrants died
in a fire at a migrant detention center in Ciudad Juarez. (AP Photo/Christian Chavez)

In preparation for the end of Title 42, the Biden administration has developed a new
asylum rule that will bar migrants from being eligible to claim asylum if they have crossed
into the U.S. illegally, have not scheduled an appointment via the CBP One app, and have
not claimed asylum in a country through which they previously passed.

While Mayorkas has stressed that the "presumption of ineligibility" will be rebuttable and
there are exemptions made for some people, it has enraged some Democrats and
immigration activists who claim it is similar to the Trump-era transit ban and that it
encroaches on the right of anyone from anywhere in the world to claim asylum at the U.S.
border.

Sending troops to the border is likely to anger the left and draw more comparisons of
Biden to Trump.

BIDEN ADMIN WARNS MIGRANTS THAT ENTERING ILLEGALLY ‘WILL RESULT IN

REMOVAL’ AMID FEARS OF POST-TITLE 42 SURGE

Border Patrol agents encounter over 1,000 migrants in El Paso, Texas, March 29, 2023. (Customs and Border Protection)

The expected migrant surge has prompted the administration to work more closely with
Mexican authorities and NGO partners and look for alternative removal authorities under
Title 8.

Last month, Fox News Digital reported that the administration is preparing to hold
"credible fear" screenings – the first step in claiming asylum – for migrants in CBP
facilities. The Department of Homeland Security confirmed the agency is working with
legal service providers "to provide access to legal services for individuals who receive
credible fear interviews in CBP custody."

Fox News' Adam Shaw contributed to this report.

Jennifer Griffin currently serves as a national security correspondent for FOX News Channel (FNC)
and is based out of the Washington D.C. bureau. She joined the network in October 1999 as a
Jerusalem-based correspondent.

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