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Problem Solvers Caucus Backs Legislation to Delay End of Title 42 and Ensure Comprehensive Plan in Place to Secure Border

April 22, 2022

WASHINGTON, DC– Today, the Problem Solvers Caucus endorsed the bipartisan Public Health and Border Security Act of 2022 to prevent the President from rescinding Title 42 immigration restrictions until all COVID-19 related national states of emergency are officially terminated.

Earlier this month, the Centers for Disease Control and Prevention (CDC) announced that, effective May 23, 2022, it would be ending the Title 42 public health order that has been enforced at our nation’s border since March 2020. Both the Trump and Biden administrations have used Title 42 authorities of the U.S. Code to enable immigration officials to rapidly expel certain categories of undocumented migrants to Mexico, or their countries of origin, to prevent the spread of communicable diseases, such as COVID-19.

DHS officials are expecting migrant arrivals to increase dramatically once Title 42 ends and are estimating that as many as 12,000 to 18,000 migrants will need to be processed daily at the southwest border – an unprecedented number that represents nearly double the current average of 7,000 migrants entering Customs and Border Protection’s (CBP) custody daily.

The legislation establishes agency oversight by Congress and increases intergovernmental transparency to deal with a post-Title 42 border environment. It delays the Administration from ending the Title 42 emergency authority until at least 60 days after ending the COVID-19 national emergency declaration. It requires the Department of Health and Human Services in consultation with the Department of Homeland Security and impacted stakeholders, to within 30 days following the announcement of the intent to terminate the health declaration, to provide Congress a comprehensive plan to address the expected surge of migrants at the Southern border.

If a plan is not submitted to Congress within the 30-day window, the lifting of Title 42 would be delayed until 30 days after a report is submitted.

Problem Solvers Caucus Members Rep. Jared Golden (ME-02) and Rep. Tony Gonzales (TX-23) brought the legislation for endorsement, which garnered the support of more than 75 percent of the Caucus.

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