Sen. Murphy Pushes to Expedite Immigration Processes With Title 42 Set to Expire

The U.S.-Mexico border could see a surge in migrants, with Title 42 set to expire on May 11. That Trump-era policy, spurred by COVID-19 restrictions, allowed immigration authorities to turn back hundreds of thousands of migrants before they could seek asylum.

“There have been a lot of people waiting, and now they get to show up and apply for asylum,” Sen. Chris Murphy said.

Now, Murphy is pushing the Department of Homeland Security to expedite immigration processes.

“The problem is, once you apply for asylum, the process to get approved or denied can take two years, five years, sometimes 10 years,” Murphy said.

After visiting the border in Arizona and Texas earlier this year, Murphy sent a letter to the Department of Homeland Security, along with Republican Oklahoma Senator James Lankford. They are asking DHS to expedite the immigration process.

One proposed solution is authorizing more people to process paperwork.

“It’s a simple thing, but it could have a big impact, because we got 1,200 of these processors, and I want them to be doing as much as they possibly can be doing,” Murphy said.

Another request is to expedite Notices To Appear. Those are notices that give migrants their court dates to determine immigration eligibility.

“We can process those claims much faster. And we don't end up in a situation where somebody comes in, doesn't really have a valid asylum claim, but gets to stay in the country for five to 10 years,” Murphy said.

Connecticut Institute for Refugees and Immigrants (CIRI) fully supports Murphy’s proposals as they push for Title 42 to be lifted.

​“What we really need is a coordinated effort very similar to what we saw when we were evacuating Afghanistan, an effort that's coordinated on a federal, state and local level to ensure that these folks get the services they need and are provided with safety,” Susan Schnitzer, CIRI president and CEO, said.

CIRI is already seeing an uptick in asylum applications and preparing for more.

“There will be a year or two where we will be seeing an incredible increase in the need for asylum application. So our staff is fully booked. We continue to seek assistance from pro bono attorneys,” Schnitzer said.

The Department of Homeland Security responded to NBC Connecticut’s request for comment on Murphy’s letter after the television version of this story aired.

DHS says they have been preparing for the end of Title 42 for well over a year. In fall of 2021, the department began contingency planning efforts that included building an operational plan, as well as conducting exercise.

In April of 2022,  U.S. Secretary of Homeland Security Alejandro Mayorkas issued the DHS Plan for Southwest Border Security and Preparedness. It outlines a six-pillar plan to manage an expected increase in crossings at the border once the Title 42 is no longer in effect.

DHS updated the plan this past December. The six pillars include: surging resources; increasing CBP processing efficiency; administering consequences for unlawful entry; bolstering the capacity of non-governmental organizations to receive noncitizens as they await the results of their immigration proceedings; targeting criminal organizations and smugglers; and collaborating with international and federal partners.

“The comprehensive plan we have developed and are executing takes this reality into account. We are building lawful pathways for people to come to the United States without resorting to the smugglers,” Mayorkas said in a statement. “At the same time, we are imposing consequences on those who do not use those pathways and instead irregularly migrate to our southern border.”

U.S. Customs and Border Protection tells NBC Connecticut that once Title 42 lifts, agents will revert to using Title 8, and those who unlawfully cross the border could face criminal consequences.

In a statement, they say:

“When the Title 42 public health order lifts on May 11, 2023, U.S. Customs and Border Protection will revert to fully utilizing Title 8 immigration enforcement processes. Under Title 8, those who unlawfully cross the border are subject to criminal consequences, including possible deportation, prosecution, and a five-year bar on reentry. Our message remains clear to those seeking to come to the United States: Do not believe smugglers. Do not put your life at risk by taking the dangerous journey only to be sent back. Use lawful pathways to come to the United States. The United States will continue to remove noncitizens who arrive without authorization.”

Meanwhile, House Republicans recently introduced the Secure the Border Act of 2023. It would reinstate several of former President Trump’s border policies.

Among other things, the act would reform the asylum system, repatriate unaccompanied children and incorporate visa overstay penalties, employment eligibility and criminal background checks.​

The act would also resume border wall construction, invest in border and port security technology, allow for DNA collection at the border, designate Mexican cartels as foreign terrorist organizations and aim to eradicate narcotics.

“The Republican plan, the budget plan that passed just last week, includes cutting resources at the border by 22%,” Murphy said. “The only reason to do that is because you're rooting for there to be a mess.”

Murphy says de-escalating political tensions will be key as the country braces for a border crisis and seeks to tackle the issues in the long-term.

“I'm not engaging in politics. I'm doing everything with Republican partners,” Murphy said. “I try to do everything on immigration policy in a bipartisan way.”