LGBTQ immigrant groups welcome decision to terminate Title 42
LGBTQ immigrant rights groups have welcomed the Biden administration’s decision to terminate a Centers for Disease Control and Prevention rule that closed the Southern border to most asylum seekers and migrants because of the pandemic.
“It’s about time,” Immigration Equality Executive Director Aaron Morris told the Washington Blade on Monday during a telephone interview. “This was a policy that was difficult to justify during the worst parts of the pandemic.”
The CDC in March 2020 implemented Title 42 in response to the pandemic.
Morris described Title 42 as “the brainchild of Stephen Miller long before COVID-19 even existed” and a “sort of obscure public health law to exclude people from coming to the United States.” Homeland Security Alejandro Mayorkas on Friday formally announced Title 42 will end on May 23.
“Ending the use of Title 42, a racist and harmful policy that was enacted by Trump is a right step for many asylum seekers, especially Black LGBTQIA+ asylum seekers that have been denied entry at the U.S.-Mexico border,” Oluchi Omeoga, co-director of the Black LGBTQIA+ Migrant Project, told the Blade on Monday in a statement.
ORAM (Organization of Refuge, Asylum and Migration) Executive Director Steve Roth echoed Omeoga and Morris.
“ORAM is thrilled to see the long-overdue overturning of Title 42, a policy that put asylum seekers in harm’s way in border towns and prevented them from seeking safety in the United States,” Roth told the Blade. “We hope the removal of this policy will speed up the processing of asylum seekers — particularly members of the LGBTIQ community and other vulnerable groups.”
Texas Congresswoman Veronica Escobar, who represents the border city of El Paso, also welcomed the end of Title 42.
“The use of Title 42, introduced by the Trump administration, effectively eliminated access to legal asylum in our country,” said the Texas Democrat in a statement on March 31, the day before Mayorkas made his announcement. “I have been calling for an end to Title 42 since it began and I am hopeful that the Biden administration will soon rescind it.”
U.S. Sens. Alex Padilla (D-Calif.) is among the other lawmakers who have also praised the end of Title 42. U.S. Sens. Kyrsten Sinema (D-Ariz.) and John Cornyn (R-Texas) and others have expressed concerns.
“We are concerned that DHS has not adequately prepared and developed a plan to ensure the safety of migrants, officers and our communities post-Title 42,” said Sinema and Cornyn in a letter they sent to Mayorkas on March 31. “To date, we have not seen sufficient steps to avoid a humanitarian and security crisis. Consistent coordination and communication with state and local governments along the border, including small communities, is one necessary element in a successful strategy to secure the border, protect border communities and ensure migrants are treated fairly and humanely.”
The Republican attorneys general of Arizona, Louisiana and Missouri on Sunday filed a federal lawsuit to block Title 42’s termination.
‘Remain in Mexico’ policy remains in place
The Biden administration has sought to end the Migrant Protection Protocols program that forces asylum seekers to pursue their cases in Mexico, but Morris and others with whom the Blade spoke noted MPP remains in place.
“Ending Title 42 is a step in the right direction, yet at the border we are still concerned about the negative impact MPP reinstatement has upon immigrants who are still returned to Mexico to wait for their hearings,” said Abdiel Echevarría-Cabán, a South Texas-based immigration attorney who is also a human rights law and policy expert.
The State Department currently advises Americans not to “travel to” or to “reconsider travel” to the Mexican states of Tamaulipas, Coahuila, Chihuahua, Sonora and Baja California — which all border the U.S. — because of “crime and kidnapping.”