Sens. Thom Tillis, R-N.C., and Kyrsten Sinema, I-Ariz., introduced a bipartisan bill to give the Biden administration the authority to almost immediately deport immigrants who cross into the United States illegally. It’s just like Title 42, but unlike the pandemic-era order, it’s not tied to public health. 

What’s in it

The Sinema-Tillis bill instructs border agents to begin deportation proceedings for all immigrants they determine crossed illegally, without any further hearing or review. Those deemed inadmissible must be detained until they are deported. The immigrants would be sent back to Mexico and if Mexico can’t take them, they would be sent back to their home country. 

The bill includes measures to prevent anyone from being deported to countries where they would face threats to their life or health. Exemptions would be made on a case-by-case basis. 

“Arizona border communities, law enforcement agencies, non-profits, and families are being left to manage a crisis they did not create. Our legislation gives the administration time to actually implement a realistic, workable plan that will secure our border, protect Arizona communities on the frontlines of this crisis, and ensure migrants are treated fairly and humanely,” Sen. Sinema said in a statement. 

If passed, the bill would remain in effect for two years. It is being co-sponsored by Sens. John Cornyn, R-Texas, and Joe Manchin, D-W.V. 

Response from Congress

This proposal is welcomed news for Republicans, who are urging President Biden to keep Title 42. Title 42 is set to end May 11.  

“Unless they put something else in its place to plug that hole, you’re going to continue to see more and more people encouraged by the prospect of being able to successfully make it across the border into the interior of the United States,” Sen. Cornyn said.  

The Biden plan

The Biden administration has been preparing for the end of Title 42 for more than a year and a half. It created a plan that relies on the president’s immigrant parole program, which let’s immigrants apply for two-year work visas before they arrive in America.

Those who don’t apply and show up at the border will be deported. They will also use Title 8, America’s standard immigration statute. 

“It carries stiff consequences for irregular migration. Including at least a five-year ban on reentry and potential criminal prosecution for repeated attempts to cross unlawfully. The return to processing migrants under Title 8 authorities will be swift and immediate,” Homeland Security Secretary Alejandro Mayorkas said.  

But Mayorkas and local leaders who live at the border said illegal immigration will increase after Title 42 ends because smugglers in Mexico are spreading misinformation. They are telling people who want to cross that they will be able to enter without documentation, and immigrants appear to believe them. 

“The smuggler’s propaganda is false. Let me be clear, our border is not open, and will not be open after May 11,” Secretary Mayorkas said.  

The Mayor of El Paso, Texas declared a state of emergency to help his city prepare for the expected surge. Mayor Oscar Leeser, D, said he expects 10,000-12,000 migrants to cross May 11 and 12.