Title 42

The Story

While chaos dominates in the House, President Biden is cracking down on immigration.

Tell me.

This is about Title 42 — the Trump-era order that made it easier to expel asylum seekers at the border. The stated goal was to prevent an influx of COVID into the US. Since then, the Biden admin has defended and used the order to expel more than 1 million migrants. But last year, the admin tried to end it. When GOP-led states intervened the battle made its way to the Supreme Court. Now, Biden is continuing to flip-flop. Yesterday, he told reporters, “I don’t like Title 42”...while making use of it for a new immigration policy.

What’s the policy?

It starts with a seemingly immigration-friendly update: Biden announced he’s expanding his use of “parole” authority to allow up to 30,000 people from Cuba, Nicaragua, Haiti, and Venezuela to enter the US each month. In other words, the countries that account for most of the people trying to cross the southern border — fleeing issues like oppressive dictators and gang violence. But there’s a catch. They need to be sponsored by an American first and pass a background check. Anyone caught crossing the border without checking off these boxes will be immediately sent back to Mexico and subjected to a five-year re-entry ban. 

So what does that mean for immigration?

The admin is trying to get a handle on the record number of apprehensions, with more than 2 million migrant encounters by border agents last year alone. It was also the deadliest year on record for migrants, with more than 800 dying — many from drowning. Biden said the changes won’t “fix our entire immigration system.” And that he needs Congress’ help for a broader fix. Sen. James Lankford (R-OK) said it’s “another failed attempt” to address a “catastrophic problem." And Sen. Robert Menendez (D-NJ) called the move a “disastrous and inhumane relic” of the Trump admin’s “racist immigration agenda.” But the Department of Homeland Security argues it has “no resemblance” to the previous admin's policies because it includes other pathways.

Third Day’s Not the Charm

Yesterday, Republicans failed another five times to elect a House speaker. For those counting, that brings us up to 11 times now that Rep. Kevin McCarthy (R-CA) has failed to get the 218 votes needed to take the gavel. And brings the House to a level of dysfunction not seen since 1859, when — two years before the Civil War — it took the House 44 ballots to elect a speaker. 

The news comes after McCarthy continued to make concessions to the 20-ish Republican holdouts that absolutely do not want this man to lead them. The latest concessions include changes that would weaken a speaker’s power — reportedly including allowing a single person to call a vote on whether to kick the speaker out. He also agreed to give them some spots on the powerful Rules Committee, which decides which bills go to the floor. And apparently, let anybody get to debate changes to spending bills. Now, still without a clear direction, the House reconvenes today at noon.