Border Patrol Union tears into DHS for TELLING migrants and smugglers where they will be

A row has broken out between the U.S. government departments tasked with securing the nation’s border and the union of the agents working for them, just as migrants stream across the southern border in their thousands. 

Late on Monday night, U.S. Customs and Border Protection together with the Department for Homeland Security announced that Immigration and Customs Enforcement (ICE) would be conducting a targeted enforcement operation in El Paso, Texas. 

The operation would see officers with the federal authorities track down migrants who came across the U.S. border illegally and who were not processed by immigration authorities. 

But the union representing the Border Patrol agents branded the ‘entire operation is a sad joke’ and  ‘another pandering PR stunt.’

The operation would come just as Border Patrol revealed how its agents caught 26,000 migrants in just three days.

While the numbers are startling high, the announcement by the CBP of its impending op has irked its members with the Border Patrol Union unhappy that the people they were tasked with apprehending have now been given a heads-up to get out of town. 

‘Nothing like publicly announcing that dangerous people will be arrested, while warning them ahead of time exactly where to run and hide to avoid arrest. This entire operation is a sad joke – another pandering PR stunt. Serious law enforcement leaders don’t behave this way,’ the Border Patrol Union – NBPC tweeted on Monday night. 

Strategically speaking, the announcing of such information makes little sense with those seeking to evade capture by the authorities now given advance warning.

‘As we have said repeatedly, individuals who do not have a lawful basis to remain will be removed,’ said Acting Commissioner Troy Miller. ‘Individuals should not listen to the lies of smugglers and instead use lawful pathways to protection.’

The announcement of the operation came just as hundreds of migrants flooded across the Mexican border into Texas on Monday only days before Trump/andemic-era Title 42 restrictions are shelved for good.

U.S. Customs and Border Patrol revealed how over the weekend 26,382 migrants crossed the border from May 5-7. 

It is one of the largest group of migrants ever seen crossing the border in such at short time period into Brownsville, Texas with an average of 8,794 migrants coming into the United States each day over the weekend. 

The Biden administration estimates that the number could increase to 13,000 every day once Title 42 is no longer in use. Other external estimates have put that number even higher. 

The Governor of Texas, Gregg Abbott is wasting no time in tackling the problem and on Monday announced the formation of an Elite Border Response Force consisting of National Guard Soldiers.

They will be deployed to the southern border ‘with the tools needed to be effective’ including night vision goggles and riot gear. 

Some reports indicate that there are between 700,000 and 1 million migrants that could cross in the days following the end of the pandemic-era expulsion policy.

Abbott noted on Monday that his state is pressing onward to ‘very quickly build as many barriers as possible to turn back as many people as possible.’

Abbott, a Republican who has criticized the Democratic president’s approach to border security, said the Texas Tactical Border Force would target ‘hot spots’ where migrants try to enter the United States illegally.

‘With the ending of Title 42 on Thursday, President Biden is laying down the welcome mat to people across the entire world,’ said Abbott.

‘The Texas National Guard is loading Blackhawk helicopters and C-130s and deploying specially trained soldiers for the Texas Tactical Border Force , who will be deployed to hotspots all along the border to help intercept and repel large groups of migrants trying to enter Texas illegally.’

Abbott said he would continue busing migrants from small Texas border towns to big cities like Chicago and New York. 

 The numbers of those attempting to infiltrate the United States is very likely to increase further as pandemic-era rules that have made claiming asylum at the border all-but impossible finally expire. 

CBP Chief Raul Ortiz revealed in a tweet Monday that in the last 72 hours CBP had been able to identify 7,399 ‘gotaways’ and seize 329 pounds of various drugs, including fentanyl, meth and heroin.

Abbott insists that a border barrier needs to be completed to ‘immediately’ stop in-flow of migrants.

Illegal immigration and unlawful border crossings have reached an all-time high under President Biden and Homeland Security Secretary Alejandro Mayorkas. 

In Brownsville, a makeshift processing center has been established at a baseball field.

Hundreds of people, many Venezuelans, are already on the streets.

In El Paso, traditionally the busiest border crossing, authorities are readying empty schools to use as shelters, and ramping up transport to help migrants get where they want to go, places where they have family or friends, or the offer of work.

The city’s mayor, Leeser, says such sticking plaster solutions need a permanent fix.

‘The federal immigration laws are broken,’ he said. ‘There is no endgame. There is no finish to this and we really need to figure out where we’re heading.’

Aside from Brownsville, in other border cities including El Paso and Laredo a state of emergency has been declared as they struggle to cope with hundreds of people — most from Latin America, who are already there.

Near San Diego, California, on Monday, hundreds of migrants were waiting between two U.S. border fences as U.S. Customs and Border Protection appeared to struggle to process them. 

‘We don’t know who is encouraging them. That is the million-dollar question. We think it might be the traffickers,’ said Enrique Lucero, director of migrant affairs for the city of Tijuana in Mexico.

In El Paso, people sleep on the streets, cowering from the sun under sheets, or sleeping on cardboard. Grubby children beg for change.

The city’s mayor, Oscar Leeser, said his officials were readying for many more on Friday, judging by a recent tour of the neighboring Mexican city of Cuidad Jaurez.

‘On the street we estimated somewhere between eight to 10,000 people,’ he said.

‘There is a caravan… that will be here probably close to May 11, so I say the real number that we’ll be dealing with is between 12-15,000 people.’

The surge is expected because of the expiration of Title 42 on Thursday at 11.59pm EDT.

The rule was put in place under Donald Trump to prevent people with Covid-19 from entering the country. In practice it has been little more than a crude tool to swiftly expel those trying to migrate, without accepting their asylum claim.

But from Friday, migrants will once again be able to lodge asylum claims and to have their cases dealt with through the legal system, a process that can take years.

President Joe Biden’s administration is under pressure from Republican Party opponents who claim immigration is out of control. Some in the party forecast more than a million people will arrive at the border in the next three months.

Biden is hoping new rules together with 1,500 active duty troops he has ordered to the border, will help staunch that flow.

Hundreds of specialized investigative agents and air marshals from the U.S. Department of Homeland Security are being pulled from day-to-day duties to help with border management.

Under the post-Title 42 arrangements, people who cross illegally will find it much harder to prove their case for asylum.

Those who are rejected will be deported to their home countries or back to Mexico, and barred from trying again for several years.

Texas Governor Greg Abbott on Monday poured scorn on Biden’s plans, saying the administration was ‘laying down the welcome mat to people across the entire world.’

He ordered hundreds of Texas National Guard soldiers to the frontier ‘to help intercept and repel large groups of migrants trying to enter Texas illegally.’

Under the new rules, would-be migrants are being encouraged to make their asylum application on an app, and to enter the country through regular ports.

But for those gathered in Ciudad Juarez, the CBP One app is frustrating, with repeated glitches and difficulties getting an appointment.

Some have decided to abandon it and try their luck surrendering to US border patrol at one of the official crossings, but that is also problematic.

A system that allows a limited number of Venezuelans to apply for asylum has been in place for several months, but it has been overwhelmed by the sheer number of those looking to flee their dysfunctional homeland.

The Biden administration plans to revert to an even earlier foundation of immigration policy when the Trump-era Title 42 authority runs out.

For many of the migrants who have crossed the border and hope to make asylum claims, they will face increased hurdles – and face potential increased penalties if the government determines their claims aren’t legitimate.

Just how the processing and paperwork will go forward for the for the number of migrants at the border – which could reach 10,000 per day – is still to be determined.

The law was enacted in 1952 and its provisions have guided border enforcement for decades.

It gives those seeking asylum the ability to participate in a ‘credible fear’ interview with an officer or judge.

If they fail it, they could soon be back on a plane to their home country or Mexico through expedited removal proceedings. Otherwise, they can begin the lengthy process of seeking asylum.

Those whose claims don’t stand up place potentially more severe consequences, Arizona Central reported. 

This includes a five-year ban on reentry for those found to have entered the country illegally and potential government prosecution of people who seek to cross the border again and again.

There have already been an estimated 2.8 million expulsions since March 2020 under Title 42 authority.

According to a Department of Homeland Security plan for the end of Title 42 in December, ‘For noncitizens seeking to evade apprehension, repeat offenders, and those engaging in smuggling efforts, we are increasing referrals for prosecutions.’ 

The government wants people to make asylum claims by making appointments through an app. 

Those who violate the five-year ban imposed on them face an even harsher penalty – prosecution or a ban of up to 20 years on reentry. 

Those whose asylum claims remain alive could either be placed in long-term detention facilities or released. They would still need to appear before an immigration judge.

Title 42 is ending on Thursday – so what will the border look like in a post-pandemic world as internal estimates warn there are at least 10,000 migrants waiting to cross the second the measure expires  

By Katelyn Caralle, U.S. Politics Reporter

Title 42 is finally coming to an end on Thursday, May 11 and there are at least 10,000 migrants waiting in Mexico to immediately cross the U.S. southern border once the policy is no longer in use.

The public health measure was employed in March 2020 by then-President Donald Trump to quell migration during the COVID-19 pandemic by blocking those caught at those at the border from seeking asylum.

Migrants could be rapidly expelled back to Mexico, and since it began Title 42 has been used more than 2.7 million times. In March more than 191,00 migrants were encountered at the border, and many expect crossings to rise from 7,500 to 13,000 a day when Title 42 ends. 

The Biden administration will try and stem the surge by enacting a new rule that will disqualify migrants who have not sought asylum, by increasing deportations and by setting up new processing centers in Colombia and Guatemala.

But it is unclear what impact the new rules will have, meaning migrants are already lining up at the border and camping in Mexico to see if they can take advantage of the end of the ruling.

Many who have traveled for thousands of miles to try and get into the United States have been told by smugglers that it will be easier to get in when Title 42 expires, but there will be 1,500 troops and more border guards on duty trying to stop them.

For asylum seekers, they will no longer be processed under Title 42, but a different border policy known as Title 8, where migrants who have asked for protection get a preliminary interview or a chance to appear in front of an immigration judge. 

This means border crossers can be paroled in the United States, could be held in detention centers or held in processing centers while their case is decided.

So what is Title 42, when was it enacted and what are authorities and the southern border bracing for when it does end next week?

Keep reading as DailyMail.com breaks it all down:

History of Title 42

Title 42 was first enacted nearly eight decades ago as part of the Public Health Service Act of 1944.

The policy allows for border and immigration authorities to prohibit the entry of those who potentially pose a health risk or recently visited a country where a communicable disease was present.

Specifically, the law is related to stopping those who unlawfully entered the country and therefore were able to bypass any health-screening measures that might be in place.

During the coronavirus pandemic, Title 42 was used to immediately deport migrants without processing their asylum claims due to the declared public health emergency.

Enacting and attempting to end Title 42

Trump put Title 42 to use in March 2020 when the coronavirus pandemic hit the U.S.

Not only was the then-president using it as a way to stop migrants from bringing and spreading the virus in the country, but it also helped advance his tough-on-immigration stance.

President Joe Biden has tried to end Title 42 on more than one occasion, first attempting to do so in May 2022.

Republicans and illegal immigration hawks, however, argued that as long as a health emergency was declared in the U.S., the policy should also remain. They have also argued since then that the program needs to persist because there is nothing to replace it and illegal immigration will massively spike once it ends.

In March 2022, the Centers for Disease Control and Prevention (CDC) decided the pandemic’s intensity reduced enough for Title 42 expulsions to be ended.

May 23, 2022 was the first date the Biden administration set to terminate the poliocy’s use.

But just before the expiration date was reached, Louisiana Federal District Judge Robert Summerhays blocked the administration from lifting Title 42 and expulsions continued through the original deadline.

Later in December 2022, Biden tried to once again end Title 42 close to the Christmas holiday as reports and images emerged of migrants freezing on the streets of El Paso, Texas.

The second attempt to end the policy came in November when Federal District Judge Emmet Sullivan ruled it as unlawful and created a December 21 end date.

The Supreme Court stepped in, however, to pause that ruling on December 19.

The policy remained in place while legal proceedings played out.

May 11, 2022 serves as the final end date for Title 42 – coming in conjunction to the end of a three-year public health emergency.

The declaration of the health emergency gave the president certain authorities that are only able to be used during times of emergency in the U.S., including increased executive privilege.

Effects of Title 42 and its imminent end

Since Title 42 was enacted in March 2020, migrants have been expelled in more than 2.5 million instances. It’s unclear what rate there are repeated expulsions under the policy.

When taking all Title 42 expulsions into account since March 2020, at least 81 percent took place since Biden’s inauguration after he twice-failed to end the policy.

With the latest deadline of May 11, the Biden administration also announced last week the deployment of 1,500 active-duty soldiers to the U.S.-Mexico border where they will remain for 90 days as border communities brace for massive spikes in crossings.

There are fears that the number of migrants that could cross in the days after Title 42’s expiration could span between 700,000 and 1 million.

Homeland Security Secretary Alejandro Mayorkas said Sunday morning that it will be a ‘tough challenge’ to address migration at the southern border with Title 42 ended and said there will be ‘unprecedented’ immigration throughout the entire hemisphere after Thursday.

‘There is already reports of Brownsville, Texas right now. Shelters are overwhelmed. The cities of Chicago and New York are already overwhelmed. What’s May 12 going to look like if we’re already overwhelmed before the expiration of Title 42?’ NBC News Meet the Press host Chuck Todd posed.

‘First of all, this is a really tough challenge and has been, as we all recognize, for years and years. We are seeing a level of migration not just at our southern border, but throughout the hemisphere, that is unprecedented,’ Mayorkas replied.

‘It is, I think, the greatest migration in our hemisphere since World War II,’ he added.

‘Our approach is to build lawful pathways, cut out the ruthless smugglers, deliver lawful pathways so people can access humanitarian relief without having to take the dangerous journey from their home countries. And at the same time, if they arrive at our southern border in between ports of entry, we will deliver consequences.’

Mayorkas has assured Congress that the southern border is closed and has refused to call the immense number of illegal crossings a ‘crisis.’

Republicans have called for Mayorkas’ resignation or impeachment, claiming he has lied to Congress and the American people and has engaged in a dereliction of duty.

As Title 42 comes to an end, a resident of Brownsville, Texas said she questions if Mayorkas and Biden ‘even care’ about the people in these border communities.

Asked what her message would be for Mayorkas, the resident told Fox News on Sunday: ‘I would ask him if he even cares about us, because I have to take my son to school… and it’s cruel to not have a plan in place for all of the people you’re supposed to represent.’

‘He keeps talking about ‘humanity’ and ‘being compassionate’ and ‘cutting out the cartel’ — and it’s just lip service,’ she added.

What is Title 8, and how is it different to Title 42?

When Title 42 comes to an end, the U.S. will rely more heavily on Title 8 to process asylum seekers.

This is the regular process for processing border crossers that was in place before Title 42.

Both Title 42 and Title 8 allow migrants to be expelled, but under Title 8 there is more paperwork to file and crossers have a chance to appear for an interview or have their case heard in front of a judge.

While they wait, these applicants may be paroled in the U.S., could be held in detention centers or detained in processing centers before their cases are resolved.

The Biden administration has insisted that Title 8 has stiffer punishments for trying to get into the country illegally, including a five-year ban on entering the United States.

But critics and immigration advocates have warned that it will increase the number of migrants in custody.

The switch to Title 8 is seen as a deterrent, but smugglers keep telling migrants heading north that the dropping of Title 42 will make it easier to cross.