WASHINGTON, D.C. – U.S. Senators Shelley Moore Capito (R-W.Va.), Ranking Member of the Senate Homeland Security Appropriations Subcommittee, Joe Manchin (D-W.Va.), and a bipartisan group of their colleagues reintroduced the Public Health and Border Security Act to require all COVID-19 related national states of emergency to be lifted before Title 42 is officially terminated. The legislation would also require the U.S. Department of Homeland Security (DHS) to put in place a workable plan to manage the chaos at the border. 

“It’s unacceptable that we are still experiencing record amounts of illegal crossings at our southern border, but I am encouraged that a bipartisan group of senators realize the path this administration is taking is dangerous and untenable,” Ranking Member Capito said. “I have long been outspoken regarding President Biden’s crisis on our southern border, and how his administration’s policies have made the situation worse. Ending Title 42 only adds to those challenges in a way we simply are not prepared to handle. This bill provides direction, something that is desperately needed in light of the administration’s decision to end Title 42.”

“The immigration crisis at our southern border threatens to overwhelm our broken immigration system. I am proud to join my bipartisan colleagues in introducing this important legislation to ensure Title 42 stays in place, even if the current public health emergency ends, until the Administration develops a plan to handle the anticipated migrant surge once Title 42 is repealed. I will continue to work with my colleagues and the Administration to pass comprehensive, bipartisan immigration legislation that addresses the crisis we are facing,” Senator Manchin said.

President Biden announced on Monday that all COVID-19 related health emergencies will end on May 11. Title 42 Authority has been a vital tool for U.S. Customs and Border Patrol (CBP) to quickly expel migrants crossing the border illegally.

BACKGROUND:

The Public Health and Border Security Act would Require all COVID-19 related national states of emergency be lifted before Title 42 is officially terminated. It would also require that a workable plan is provided by DHS before Title 42 is lifted to secure the border. Senators Capito and Manchin originally introduced the Public Health and Border Security Act on April 7, 2022.

The full text of the bill can be found here.

On December 19, 2022, Senators Capito and Manchin released statements responding to the Supreme Court’s order to stay the DC District Court’s decision to overturn the CDC’s Title 42 order. As Ranking Member of the Senate Appropriations Subcommittee on Homeland Security, in January, Senator Capito delivered a floor speech highlighting the crisis at the southern border, which has been fueled by President Biden’s inaction and failed policies. Senator Capito also participated in a press conference where she discussed the border crisis, emphasizing the impact drug trafficking has had on states like West Virginia. On January 5, 2023, Senator Manchin released a statement on the Biden Administration’s decision to expand the CDC’s Title 42 order to include Cuba, Haiti and Nicaragua, along with other actions including surging resources to the border.

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