WASHINGTON, D.C. — U.S. Senator Shelley Moore Capito (R-W.Va.), today co-sponsored bipartisan legislation—led by U.S. Senators Thom Tillis (R-N.C.) and Kyrsten Sinema (I-Ariz.)—resembling the operations of Title 42, giving the Biden administration a two-year temporary expulsion authority for migrants to illegally enter the United States without inspection or proper documents.

“For over two years, the Biden administration has failed to grasp the ongoing crisis at our Southern Border. Now, as we approach the end of Title 42 authority, which has been a useful tool in trying to stem this flow, I fear the Biden administration has failed to adequately prepare for when the authority expires. As such, I have joined as a cosponsor to bipartisan legislation expanding authority similar to those granted under Title 42,” Senator Capito said.

“We have a lot of work to do to preserve and protect true claims of asylum while doing the things we must to do secure our border through physical structures, enhanced technology, efficient processing, and support for border personnel. We have to continue to work toward a balance of being a nation that celebrates legal immigration, recognizing the needs of those who claim asylum, while preventing the nefarious goals of cartels who want to smuggle people and drugs into our country. When tens of thousands of people cross into our country and overwhelm our system, we cannot achieve any of those goals,” Senator Capito continued.

Since the Title 42 authority was based on the existence of a public health emergency, this legislation gives the administration temporary expulsion authority that is not tied to public health.

The bipartisan bill provides protections to ensure migrants whose return would threaten their life, freedom, or expose them to torture, and allows case-by-case exemptions for as well as migrants with acute medical needs.  

Click here to view the legislation. 

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