MATAMOROS, Mexico - The U.S. has lifted COVID-19 border restrictions that prevented many migrants from entering the country via Mexico, replacing the previous Title 42 order with a new asylum regulation aimed at discouraging illegal crossings.
However, last-minute legal challenges by immigration advocates represented by the ACLU have created uncertainty about how the new policies will be implemented.
The advocates argue that the new regulation is similar to those issued by former President Donald Trump and violates U.S. laws and international agreements.
The Biden administration has defended the new regulation, stating that it encourages migrants to use legal pathways instead of entering the country illegally.
On Thursday, chaotic scenes were witnessed as migrants rushed to enter the US before Title 42 expired and the new regulation took effect.
According to the new rule, most migrants would be presumed ineligible for asylum if they had passed through other nations without first seeking protection elsewhere or if they had not used legal pathways for US entry, which Biden had expanded. In the hope of being processed before midnight, thousands of migrants have been crossing rivers and scaling walls and embankments onto US soil.
While some migrants surrendered to border officials, others attempted to cross undetected. In Matamoros, Mexico, groups crossed the Rio Grande River in waist-high water, carrying babies and bags of belongings over their heads to reach Brownsville, Texas.
Hundreds of migrants in El Paso, Texas, were seen camping on the streets, uncertain about their next destination after crossing the border from Juarez, Mexico.
Meanwhile, in San Diego, California, migrants, including families with young children wrapped in Mylar blankets, were waiting for processing while being confined between two large border walls across from Tijuana, Mexico.
Title 42 was initially implemented by former President Trump in March 2020 as a measure to contain the spread of COVID-19 in crowded detention facilities. The order allowed U.S. authorities to expel migrants to Mexico or other countries without giving them a chance to request U.S. asylum.
However, many saw it as an extension of Trump's effort to prevent migrants from entering the United States.
President Biden, who promised to reverse Trump's policies, continued with Title 42 and even expanded it. The order has led to the expulsion of over 2.7 million migrants, including many who have tried to cross the border multiple times.
Meanwhile, around 2.8 million migrants, who were not eligible for expulsion, have been allowed into the United States under Title 8 to pursue their immigration claims in court, which can take a long time.
Mexico has accepted only certain nationalities, including its own citizens, many Central Americans, and more recently, migrants from Venezuela, Cuba, and Haiti.
With the end of Title 42 and the COVID-19 public health emergency, the Biden administration is facing record numbers of migrants at the U.S.-Mexico border, which is putting a strain on U.S. authorities and border cities. While Republicans blame Biden for easing Trump's more restrictive policies, Biden has blamed Congress for not passing comprehensive immigration reform.
To deter illegal crossings, the administration has deployed troops and additional personnel to the border and has tried to spread the message that there will be consequences for illegal crossers. However, some migrants have already rushed to cross the border before the May 11 deadline, resulting in daily apprehensions rising above 10,000 and detention capacity reaching its limit.
Due to the high volume of arrivals, some migrants were being released without a notice to appear in immigration court, but a federal judge in Florida blocked such releases, citing improper regulatory procedures. U.S. Customs and Border Protection criticized the ruling, warning of unsafe overcrowding in border facilities.