US warns harsh consequences for illegal crossings as Trump era policy ends tonight

As Title 42’s expiration date looms, Homeland Security Secretary Alejandro Mayorkas warned migrants about crossing the US southern border illegally by making it clear that the US’s borders, “are not open.”

Mr Mayorkas made it very clear that the lifting of Title 42 would not make it easier for those seeking asylum to enter the US – something he claims “smugglers” have lied about.

“If anyone arrives at our southern border after midnight tonight, they will be presumed ineligible for asylum and subject to steeper consequences for unlawful entry, including a minimum five-year ban on reentry and potential criminal prosecution,” Mr Mayorkas said during the White House press briefing on Thursday.

Title 42, which will be lifted at 11.59 pm EST tonight, 11 May, will end the Trump-era Covid policy that made it easier for authorities to turn away migrants at the border.

New York City Mayor Eric Adams is weakening a decades-old right-to-shelter mandate to prepare for thousands of newly arrived people in the US after the expiration of a Trump-era policy that blocked hundreds of thousands of migrants from entering the country.

The mayor’s executive order suspends a rule that guarantees shelter for families with children if requested by 10pm, and it suspends a rule that prohibits families from living in group settings. The city and state anticipate hundreds of daily arrivals with the end of Title 42, which expires at midnight on 11 May.

In a speech, Homeland Security Secretary Alejandro Mayorkas said the lifting of Title 42 “does not mean our borders are open” and indicated there will be “tougher consequences” for people who cross the border illegally.

“An individual who is removed under Title 8 is subject to a least a five-year bar on re-entry,” Mr Mayorkas said.

Under Title 42, those who attempted to cross the border would be turned away.

Mr Mayorkas sent a message to those thinking of making the journey to the border, “The smugglers care only about profit, not people they do not care about you, or your well-being.”

“Do not believe their lies. Do not risk your life and your life savings only to be removed from the United States if, and when, you arrive here.”

Border towns are already overwhelmed by the number of migrants and asylum seekers hoping to cross over into the US legally and with Title 42 coming to an end tonight, many are worried for what’s to come.

“It’s a real crisis,” said Father Rafael Garcia, a priest at Sacred Heart Church in El Paso, Texas told The New York Times.

Over 600 migrants are seeking temporary shelter in El Paso as they await the end of Title 42 to then enter the US legally, according to the El Paso Times.

But without places to stay, people have made makeshift shelters on the street.

“If this is now, what is it going to look like after May 11? How is this going to unfold?” Father Garcia said.

The White House is expected to brief reporters and respond to questions about Title 42 ending at 1pm EST today.

White House Press Secretary Karine Jean-Pierre will be joined by Homeland Security Secretary Alejandro Mayorkas

Title 42 has been used as a temporary solution to the US’s border crisis for the last three years but as it comes to an end tonight, President Joe Biden will have to replace it with new policies.

Mr Biden indicated these new policies in a fact sheet released in January.

Here’s what he plans to do:

• Expand the parole process for up to 30,000 nationals of Nicaragua, Haiti and Cuba per month who have eligible sponsors and pass background checks. These people may come to the US for a period of two years and receive work authorisation.
• Increase the use of expedited removal to the country of origin for individuals who attempt to enter the US without permission or without a legal basis to remain. These individuals are also subject to a five-year ban on re-entry. 
• Increase refugee admissions from Latin America and Caribbean countries. 
• Launch a mobile application for migrants to schedule appointments to reduce wait times and crowds at US ports of entry. 
• Increase humanitarian assistance by $23m in Mexico and Central America.
• Open legal pathways to the US via other countries like Canada, Mexico and Spain.
• Expand agents and active-duty military personnel to help Border Patrol.

In an effort to reduce the spread of Covid-19 in March 2020, the CDC issued a public health order that allowed authorities to prevent migrants and asylum seekers at US borders from entering the country.

Over the last three years, Title 42 was used to turn away more than 2.8 million people seeking asylum from the US’s southern border.

But with the end of the Covid-19 the public health emergency comes the end of Title 42.

What was once used to manage the border will now end at 11.59pm EST, causing an influx of migrants.

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