Analysis: the immigration agenda in Biden's 3:25 speech
(CNN) -
The Biden administration plans to coordinate with nongovernmental organizations to identify vulnerable migrant families in Mexico and allow them to enter the United States, rather than rejecting them under a Trump-era border policy, according to a source familiar with the discussions.
The administration has faced strong criticism for relying on a public health policy, known as Title 42, that was established under the Trump administration in early 2020, at the start of the coronavirus pandemic.
The policy allows border officials to expel immigrants who are at the US-Mexico border.
Advocates for immigrants argue that immigrants have been endangered, leaving many, including those seeking asylum, in risky conditions in Mexico.
In some cases, families have chosen to separate from their children, as unaccompanied immigrant minors are not subject to such a policy.
On Thursday, Democratic Sen. Jacky Rosen of Nevada told Homeland Security Secretary Alejandro Mayorkas, who defended the policy, that she remains “concerned about the continuation of Title 42, that policy that the Trump administration used to expel the migrants across the board, "including children and families desperately trying to come here for our asylum process."
The administration's move appears designed to allay those concerns by targeting more families who are considered exceptions to the policy.
The latest plan is beginning on a trial basis, the source said, adding that the families will be subjected to immigration proceedings.
"As the United States continues to enforce the CDC Order under its Title 42 public health authority, we are working to simplify a system to identify and legally prosecute particularly vulnerable individuals who warrant humanitarian exceptions under the order," said Sarah Peck, a spokeswoman for the Department of Homeland Security.
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"This process of humanitarian exception implies close coordination with international and non-governmental organizations in Mexico and tests for covid-19 before those identified through this process can enter the country," he added.
The migrant mother has different faces 3:16
The public health order remains in dispute.
Since February, the plaintiffs in a case involving families subject to the order have been in negotiations with the government.
Some exceptions have been made to the policy, including the daily exemption of 35 families who are referred by the American Civil Liberties Union for admission to the United States.
"The Title 42 order has always had a humanitarian exemption for especially vulnerable people and it is critical that the exemption process works efficiently through the ACLU process and the new global NGO consortium," said Lee Gelernt, lead attorney. in the litigation over the public health order.
The approach is similar to that taken by the administration earlier this year to prosecute immigrants who had been subject to the "stay in Mexico" policy.
That Trump-era policy required asylum seekers to stay in Mexico until their due date to appear in immigration court in the United States.
The administration has similarly collaborated with international organizations to help identify and prosecute thousands of immigrants in the United States with active cases under that policy.
Immigrants processed through that program are tested for the coronavirus before they are allowed to enter the United States.
Immigrants in the USA
